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(영문) 부산지방법원 2017.09.22 2017노2638
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of each of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one hundred months of imprisonment) is too heavy or (one of the Defendants).

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

It can be considered in light of the circumstances favorable to the defendant that reflects the mistake of the defendant, that the scale of damage (cash 50,00) is not significant, and that the health of the defendant is not good.

On the other hand, the fact that the defendant committed the crime of this case even though he had been punished more than seven times for the same crime, and did not endeavor to recover damage even though he infringed the peace of the victim's residence and suffered property damage.

In addition, considering the various circumstances that are the conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sexual conduct, environment, motive for the crime, and circumstances after the crime, the lower court’s punishment cannot be deemed as excessive or unreasonable.

Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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