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(영문) 부산지방법원 2018.11.09 2018노3123

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (three years and four months of imprisonment).

2. In full view of all the conditions of the pleadings and the records of the judgment of the court below, including the favorable circumstances (if the defendant intruded into each of the crimes of this case, the point and store, and the house living together with an individual, and some of the facts constituting the crime of this case are revealed to the defendant voluntarily) and unfavorable circumstances (such as the fact that there seems to be high possibility of re-offending due to the past several times of punishment due to the crime of this case, the frequency of the crime is large, the number of times of the crime is heavy, and there is no serious effort to recover damage, etc.) stated in the reasons for sentencing, such as the defendant's age, character and character environment, intelligence, motive and consequence of the crime, and the circumstances after the crime, etc., the judgment of the court below exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

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.