logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.11.09 2018노3566
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (one year and six months of imprisonment).

2. In full view of all the circumstances in the arguments and records of the instant case including the amount of damage, the frequency of the crime, the Defendant’s age character and character environment, the motive and means of the crime, the consequence of the crime, and the circumstances after the crime, etc., including the favorable circumstances (a confession, etc.) and unfavorable circumstances (a crime under the same type of law has been punished several times, including punishment, and most of them have been committed during the period of the same repeated crime of the same kind) as stated in the grounds for sentencing, the judgment of the lower court exceeded a reasonable limit of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

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. It is so decided as per Disposition.

arrow