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(영문) 부산지방법원 2017.12.14 2017노3987
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the defendant are recognized, such as the fact that the defendant made a confession of the crime of this case and reflects the mistake, the defendant repaid the amount of damage to the victim D, and the victim F did not want criminal punishment against the defendant.

However, the crime of this case is deemed to have stolen the victims' money by getting on the top of a taxi operated by the victims. In light of the frequency and method of the crime, and the content of the crime, the criminal liability is heavy, the defendant committed the crime of this case when he had been punished for the same kind of crime, and he committed the crime of this case during the repeated crime period. The Korean Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, has the unique area of the first deliberation as to the determination of the sentencing, and there is no change in the conditions of the sentencing compared with the first trial, and the first trial sentencing does not deviate from the reasonable scope of the discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable circumstances favorable to the recognized defendant do not correspond to the change of circumstances that could change the sentence of the court below after the issuance of the judgment of the court below, and there is no undue punishment against the defendant, even if it is too unfair.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio the application of the law by the lower court pursuant to Article 25(1) of the Rules on Criminal Procedure, it is corrected that “1. Concurrent treatment Criminal Act Article 37, but 39(1) is deleted.”

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