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(영문) 부산지방법원 2018.08.31 2018노1804
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of all crimes, and the defendant repented his mistake, the deaf-mutes of class 2 with hearing impairment, the individual amount of damage is not large, the recovery of damage, and the agreement with the victims, etc.

However, in light of the motive and method of each of the crimes of this case, there is a significant punishment; the defendant has the history of being sentenced to juvenile protective disposition and fine, suspension of execution, and punishment for the same crime; and the defendant has committed repeatedly each of the crimes of this case without being aware of the period of repeated crime due to the same kind of special larceny, etc.; and in addition, taking into account all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of each of the crimes of this case, the motive, means and consequence of each of the crimes of this case, etc., the sentence imposed by the court below is deemed appropriate, and it cannot be deemed unfair because it is too heavy or too heavy.

Therefore, each argument by the defendant and the prosecutor is without merit.

3. As such, the appeal filed by the defendant and the prosecutor is without merit, and the appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Provided, That the first head of the first head of the crime death in the judgment of the court below is the deaf-mute in Grade II.

Article 25(1) of the Rules on Criminal Procedure provides that “A clerical error shall be changed to add or delete ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, and the summary of evidence shall be changed to add or delete “Article 25(2) of the Rules on Criminal Procedure”, and “Article 25(1) of the Rules on Criminal Procedure” (see, e.g., Supreme Court Decision 2018Ma274, Apr. 3, 201).

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