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(영문) 부산지방법원 2016.08.18 2016노2338
상습절도미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (four months of imprisonment) is too unhued and unreasonable.

2. The judgment of the defendant has the record of having been punished nine times for the same crime, and the crime of this case was committed during the repeated crime period, and the crime of this case was discovered while the defendant intrudes the victim's collection measures through windows and does not fit the nature of the crime, which is disadvantageous to the defendant.

However, taking into account the following circumstances: (a) the Defendant led to the confession of the instant crime while committing the instant crime; (b) the commission of the instant crime did not result in property damage to the victim; (c) the parents who must support the Defendant; and (d) the Defendant’s age, sex, criminal conduct, environment, family relationship, means and consequence of the instant crime; and (c) the conditions for sentencing as indicated in the records and theories on changes, such as the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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