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(영문) 부산지방법원 2018.01.19 2017노4177
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too unreasonable.

2. All of the judgment-based crimes are recognized and reflected, damage recovery has been made, and a smooth agreement has been reached with some victims.

However, even though the Defendant had been sentenced several times due to the same crime, it is difficult to view that the lower court’s punishment is too unfair because it is too unreasonable in full view of all other circumstances, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, etc.

Therefore, we do not accept the above argument of the defendant's above sentencing.

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 by the court (Article 342 of the Criminal Procedure Act applicable in the indictment of the case of 2017 Highest 1133). The prosecutor deleted "Article 342" of the Act applicable in the indictment of the case of 2017 Highest 1133, and this court permitted the application for amendment of the indictment to change the name of the crime from "thief" to "violation violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). However, the deliberation on the amendment of the indictment of the

Therefore, the judgment of the court below shall not be reversed on the ground of changes in indictment)

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