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(영문) 부산지방법원 2016.03.11 2016노66

야간선박침입절도미수등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the circumstances such as the Defendant’s confessions all of the crimes and reflects the mistake, and the fact that the Defendant is 59 years of age.

However, the crime of this case was committed by the Defendant by acquiring one card lost by the victim D, one resident registration certificate lost by the victim C, and the crime was considerably poor that the Defendant committed the attempted theft of the seafarer's goods by intrusion on the ship at night, and the Defendant was punished four times due to the same crime. In particular, on January 8, 2015, the Busan District Court sentenced the Defendant to the suspension of the execution of six months for attempted larceny of the vessel at night, and decided on January 16, 2015. The Defendant committed the crime of this case during the suspension of the execution period. The method of committing the crime of attempted larceny of the vessel at night, which the Defendant was sentenced to the suspension of the execution, is the same as or similar to the method of committing the attempted larceny of the vessel at night, and thus, cannot be easily excluded from the risk of recidivism, taking into account various circumstances such as the Defendant's age, behavior, environment, circumstances leading to the instant crime, and circumstances before and after the crime.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.