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(영문) 부산지방법원 2016.06.23 2016노894
특수절도등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the lower court on the Defendants (Defendant A: 8 months of imprisonment, 2 years of suspended sentence, etc., Defendant B: 1,500,000 won) is too uneased and unreasonable.

2. The judgment of Defendant A has committed special larceny, fraud, violation of the Act on Specialized Financial Business, larceny, and intrusion on residence during the period of two months, and Defendant B also committed several offenses. The nature of the offense is not good, Defendant A received juvenile protective disposition twice through 12 times, Defendant B was subject to juvenile protective disposition, and Defendant B did not recover from damage to victims of a single crime.

However, considering the fact that the Defendants led to each of the instant crimes, there is no history of criminal punishment against the Defendants, that most victims of the sole crime and the joint crime were recovered from damage and that the damaged goods were returned to the victim, and that other circumstances, such as the Defendants’ age, sex, environment, family relationship, means and consequence of the crime, etc., as well as the conditions for sentencing as indicated in the records and theories on changes, the sentence imposed by the lower court is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal against the defendants is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals against the defendants are without merit.

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