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(영문) 부산지방법원 2014.06.26 2014노1226

절도

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 1.5 million (a fine of KRW 1.5 million) is too unreasonable.

2. The judgment does not have any record of punishment for the same kind of crime since 1988, and the crime of this case is committed in favor of the defendant, since the marriage relationship between the defendant and C was actually broken down, and there are some extenuating circumstances to consider the motive and circumstances of the case in the process of property adjustment.

However, the extent of damage to the crime of this case is not small, and the circumstance that the defendant has made efforts to reach an agreement or to reach an agreement with the victim E is not always peeped, but rather, the circumstances after the crime are not good, such as harming C and the victim E. Nevertheless, the court below made a significant reduction of the fine amount of the summary order by taking into account the above favorable circumstances as much as possible. Nevertheless, the court below's decision did not change circumstances that may be particularly considered in sentencing after the sentence of the court below, and there are other various circumstances that are conditions for the punishment of this case, such as the motive and circumstance of the crime of this case, the age, character and conduct of the defendant, etc., and the punishment of the court below is appropriate.

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