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(영문) 부산지방법원 2018.03.22 2017노4929
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment of the Defendant recognized the instant crime and reflected the instant crime, and that some of the damage was returned to the victims, etc. are not large in scale.

However, the Defendant, who was sentenced to punishment for larceny, has reached ten times (nine times of imprisonment and one time of suspension of the execution of imprisonment) and, in particular, was sentenced to imprisonment for habitual special larceny on July 9, 2015 and was released on August 5, 2017 and was released on August 5, 2017, and constitutes a repeated crime.

Also, the severity of the crime cannot be assessed solely on the scale of damage because the content of the crime also intrudes the restaurant, etc. repeatedly and steals the object, etc.

In full view of the fact that the recovery of the damage of this case has not been completed, and other various conditions of sentencing as shown in the records and theories of changes, such as the Defendant’s age, sex, and environment, the sentence imposed by the lower court is not heavy.

3. Accordingly, 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.

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