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(영문) 부산지방법원 2018.10.12 2018노2814
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the crime is recognized and reflected, the commission of the crime intended to be used for the cost of living was committed, and the amount of damage by the victim is relatively small.

However, there was a record of punishment five times as well as punishment for the same crime, each of the larceny crimes of this case committed repeatedly by intrusion upon a church with windows, etc. which were not corrected at night, and in light of the method and attitude of the crime, the nature of the crime was bad, the victims did not agree with the victim, and the damage was not recovered.

The court below determined a punishment in consideration of the above circumstances, and there is no change in the conditions of sentencing on the grounds that new sentencing materials have not been submitted in the trial.

In addition, in full view of all other circumstances, including the Defendant’s age, sex, environment, motive, means, and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is deemed to be appropriate, and the lower court’s punishment is excessively heavy, beyond the reasonable scope of discretion.

It is difficult to see it.

The defendant's argument in sentencing is not accepted.

3. 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 groundless.

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