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(영문) 부산지방법원 2015.08.27 2015노1940
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (eight months of imprisonment) is too unreasonable.

2. The fact that the defendant's act of causing the crime of this case is basic for livelihood and has some factors to be considered in the course of the crime. The fact that the defendant recognized the crime of this case and is living in good faith without recommitting it in depth, etc. is favorable to the defendant. However, even though the defendant had previously been punished several times, including protective custody for the same kind of crime, it is not good that the defendant committed each of the crimes of this case, and the crime is committed against women, and the crime is not yet agreed with the victim. The court below is determined in consideration of the circumstances favorable to the defendant. It seems that the court below determined the punishment in consideration of the sentencing of similar cases, balance with the sentencing of similar cases, the motive and circumstance of the crime of this case, the circumstances after the crime, the age and character of the defendant, the character and conduct of the defendant, and the environment, etc., and considering the various circumstances that are the conditions for the punishment specified in the records and arguments of this case, it cannot be deemed that the sentencing of the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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