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(영문) 부산지방법원 2018.06.22 2018노1279

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too heavy.

2. In full view of all the circumstances indicated in the arguments and records of the instant case including the favorable circumstances (a confession, etc.) and unfavorable circumstances (a series of repeated crimes, each repeated crime, the frequency of larceny crimes, each crime committed against many and unspecified persons, and each crime committed by fraud, etc.) as stated in the grounds for sentencing, the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion, in light of the following: (a) the Defendant’s age and character character and intelligent environment; (b) motive means and consequence of the crime; and (c) the circumstances after the crime.

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.