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(영문) 부산지방법원 2017.12.07 2017노3714
절도등
Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (one year 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, the seizure of part of the damaged goods, and the fact that the defendant agreed with the victim S, T, F.

However, the crime of this case was committed in 21 times by theft of the victims who were drunkly under the influence of alcohol, and brought about the victim F's portable phone from their loss, in light of the circumstances and frequency of the crime, etc., the responsibility of the crime is heavy; the defendant does not make any effort to recover victims' damage; the defendant committed the crime of this case; the defendant committed the crime of this case even though he had been punished several times in the same kind of crime; in our Criminal Procedure Act taking the trial-oriented principle and the direct principle, it is reasonable to respect the determination of the punishment where there exists no change in the conditions of the first deliberation in the sentencing compared with the first instance court, and the first deliberation sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015); the circumstances favorable to the defendant after the sentence of the lower court, which were recognized do not constitute an unfair change in circumstances, and thus, it does not seem that there were any special circumstances to change the defendant's punishment.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

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