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(영문) 부산지방법원 2015.09.11 2015노2378
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

As seen below, respectively.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below to the defendant (ten months of imprisonment) is too unreasonable.

However, it is recognized that the circumstances such as the confession of the entire crime of this case and the violation of his mistake are recognized, the fact that most victims seem to have committed the crime of this case in a state of mental disorder, and that they do not want punishment against the defendant.

However, the crime of this case is committed by the defendant who committed or attempted to steals the panty of the victims, and intrudes the victims' residence or damages their impulses during the course of the crime. It is very poor in light of the applicable law and contents. The defendant has been sentenced to three criminal punishment for the same thief crime, and has been sentenced to two years of imprisonment with prison labor at the Changwon District Court on March 21, 2013, and in particular, on September 2, 2014, after the execution of the punishment was completed on September 2, 2014, the crime of this case was committed again during the repeated crime; there is no special circumstance or change of circumstances to be newly considered after the judgment of the court below; the sentencing conditions for the victim's age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc.; and the sentencing guidelines for the crime of larceny, which is one of the offenses of larceny and the scope of punishment for the specific thief crimes of this case, which are not subject to punishment (special mitigation).).

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