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(영문) 부산지방법원 2019.03.21 2018노4472
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (two years of imprisonment) shall be too unreasonable;

2. In a case where there is no change in the conditions of sentencing compared with the judgment of 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 it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Although the damaged goods of the instant crime were returned, the Defendant went to commit the theft of thief on about 17 days after the release of the instant crime from the same crime, which is highly likely to be subject to criticism in light of the frequency of the crime, amount of damage, etc.

In addition, in full view of all the sentencing conditions shown in the records and arguments, such as the defendant's age, character and conduct, environment, and circumstances of the crime, the sentence sentenced by the first instance court is too unreasonable because it was made within the reasonable scope of discretion.

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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