beta
(영문) 부산지방법원 2017.11.30 2017노3794

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (one year and six months of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.

Judgment

The circumstances favorable to the defendant are recognized, such as the fact that the defendant led to the confession of the crime of this case and reflects the mistake, that the defendant agreed with the victim D, and that the damaged goods to the victim C were returned to the above victim.

However, the crime of this case was committed on two occasions by the defendant taking away bags or bags containing cash from the victim's bags, in light of the circumstances and contents of the crime, and the defendant committed the crime of this case several times during the period of repeated crime of the same kind. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area for deliberation, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court's sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances favorable to the recognized defendant do not constitute changes in circumstances that can change the circumstances of the lower court after the sentence of the lower court, and the defendant's age and the circumstances of the crime of this case were too unfair, considering the overall circumstances, such as the defendant's environment, etc.

Thus, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the defendant's appeal is made ex officio, and pursuant to Article 25 (1) of the Rules on Criminal Procedure, the "application of the law" of the judgment of the court below is under the bottom of