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(영문) 부산지방법원 2016.11.18 2016노3539

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. It is recognized that the Defendant made a confession of all of the instant crimes and divided his mistake in depth, and that the said victim did not want to be punished against the Defendant by mutual agreement with the victim D of the instant case as indicated in the holding of the lower judgment, and that the victim G and I of the instant case as indicated in the holding of the lower judgment did not report to the investigation agency on the ground that there was no special damage during the investigation process, and that they expressed to the investigation agency that they would not report damage in relation to the instant case.

However, the crime of this case was committed by the defendant after destroying the crime prevention window at the victim D's house, thereby thefting one of the above victim's market price of 150,000 won, and after destroying the crime prevention window at the victim F's house, and then infringing upon the victim's house at night, and attempted to steals the victim's property, and attempted to steal the victim's property. In light of the law and contents of the crime, the crime was considerably poor, and the agreement with the victim or the damage recovery was not properly performed until now. The defendant was found to have been sentenced four times to criminal punishment and one suspended sentence due to the theft crime. In particular, on July 23, 2015, Busan District Court sentenced to imprisonment with prison labor at the victim F's house for the violation of the Act on the Control of Narcotics, etc., and then attempted to steals the victim's property, and attempted to steal the victim's property by intrusion at night, and attempted to commit the crime. Even though the defendant's new sentencing guidelines and punishment were not established after the execution of the crime of this case.