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(영문) 부산지방법원 2019.02.13 2018노4231
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a two-year imprisonment) by the lower court is too heavy;

2. In full view of the following circumstances: (a) the Defendant’s age and intelligence environment; (b) motive and means of committing the instant crime; and (c) the circumstances after committing the instant crime, including the circumstances that the lower court’s judgment was deemed to have exceeded the reasonable bounds of discretion; or (d) it is unreasonable to deem that the lower court’s judgment exceeded the reasonable bounds of discretion; and (b) it is unreasonable to maintain it as it is, in full view of all the following circumstances: (a) the Defendant’s age and intelligence environment; (b) the motive and means of committing the instant crime; and (c) the favorable circumstances (including the return of

(See Supreme Court en banc Decision 2015Do3260 Decided July 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 since it is without merit. It is so decided as per Disposition.

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