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(영문) 부산지방법원 2018.09.07 2018노2198

절도

Text

The defendant's appeal is dismissed.

Reasons

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

2. In full view of all the conditions of the arguments and the sentencing indicated in the records of the instant case, including favorable circumstances (such as confession, urology, etc. that the health of the victim is not good due to the confession, urology, etc.) and unfavorable circumstances (the frequency of crimes and many victims, the victims are expected to have suffered emotional distress in addition to economic damage in light of the relationship with the victims, and the victims are not compensated; five times the same history and part of the same type of crime are crimes during the period of repeated crime) as stated in the reasoning of the judgment of the court below, the sentencing judgment of the court below exceeded the reasonable bounds of its 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.