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(영문) 부산지방법원 2014.10.16 2014노3161
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of all the facts charged of this case, although there was no evidence that committed several crimes, such as the facts charged, was erroneous and adversely affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, the Defendant made a confession in the original trial court as to the larceny, fraud, and the crime of interference with business at the time of the original trial. There is no circumstance to suspect the voluntariness of confession, there is sufficient evidence to support it, and there is no new circumstance to reverse it in the trial. Therefore, it is justifiable for the court below to find the Defendant guilty of the facts charged in

B. In full view of the fact that there is no change of circumstances that are specifically considered in the sentencing after the sentence of the lower judgment, as the Defendant had been punished for the same kind of crime, and the Defendant has not yet been compensated for damages, and that there is no change of circumstances that may be considered in the sentencing after the sentence of the lower judgment, and other various circumstances, including the motive and circumstance of the instant crime, the Defendant’s age, character and conduct, and the environment, the sentencing of the lower court seems appropriate.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

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