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(영문) 부산지방법원 2017.12.22 2017노3633
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

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

2. In full view of all the circumstances in the arguments and records of the instant case including favorable circumstances (a confessions, partial thefts are seized and returned to the victim), unfavorable circumstances (the fact that there was a history of punishment to suspend the execution of imprisonment due to night residence larceny), and the motive for the crime was very poor, and the victim wanted to be punished with severe punishment) as stated in the reasoning of sentencing, the lower court’s sentencing judgment exceeded the reasonable bounds of discretion, in light of the following factors: (a) the Defendant’s age character and behavior intelligent environment; (b) motive and means of the crime; (c) the motive and consequence of the crime; and (d) the circumstances after the crime.

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 it is without merit, and it is so decided as per Disposition (Article 25 (1) of the Regulation on Criminal Procedure). However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the "goods equivalent to the market price of 3,025,00 won" in Article 2-2 (1) 5 of the Criminal Procedure Act shall be corrected to "goods equivalent to the market price of 2,725,00 won".

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