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(영문) 부산지방법원 2016.11.24 2016노3559
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of one-year imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. The following circumstances are acknowledged: (a) the Defendant took the attitude of recognizing and opposing the Defendant’s mistake; (b) the Defendant committed a larceny by intrusion on a structure; (c) the Defendant was a mere manual that steals goods by entering the entrance that has not been corrected most; (d) the value of the instant stolen goods was 2.5 million won in total; and (e) the cellular phone considerable of KRW 1.5 million has been returned to the victims.

However, in light of the fact that the defendant committed the crime of larceny under the thief law which steals things by destroying another person's dwelling or building, and had been punished three times for the same crime, such as imprisonment with prison labor for up to 2011, six months, and ten months, and imprisonment with prison labor for the same act, it is difficult to deny that it is necessary to sentence more severe punishment to the defendant, considering the fact that the defendant committed the crime of this case under the thief method during which one year has not passed since the completion of the execution of imprisonment with prison labor for the above 2014, and that the same crime of larceny has been committed several times during the period of a repeated offense.

Considering the above circumstances and the overall circumstances such as the defendant's age, character and conduct, environment, health condition, motive and circumstance of the crime, etc., the punishment sentenced by the court below is determined to be within the proper scope of sentencing discretion.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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