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(영문) 부산지방법원 2016.03.31 2015노3873
야간방실침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of one and half years of imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below held that the crime of this case was committed again during the repeated crime due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents; the defendant committed the crime of this case during the repeated crime; the defendant invaded another's guest room at night, stolen goods by intrusion into another's guest room, and driving of one ton truck with alcohol level of 0.151% during blood transfusion, and eventually causes a traffic accident due to gross negligence that intrudes the central line; and the crime of this case is not likely to cause a traffic accident due to gross negligence; the above truck with the market price of 13 million won, which is worth 13 million won because the victim of the traffic accident suffered from heavy attention of 4 weeks during the crime of this case; the damage caused by the vehicle damage of 23 million won at the market price, etc.; the defendant did not reach a proper agreement with the victims or restore national damage; the defendant was sentenced to imprisonment due to a larceny crime; and the defendant's economic situation or social status, including drinking and non-licenseless power; and the defendant's present attitude of this case.

shall not be deemed to exist.

3. In conclusion, 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.

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