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(영문) 부산지방법원 2017.03.31 2017노116
절도
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. As to each of the unlawful arguments of sentencing committed by the Defendant and the prosecutor, it is recognized that the Defendant committed the instant crime without being aware of the period of repeated crime due to the crime committed in the event that: (a) the Defendant was sentenced to a fine, a stay of execution, and a punishment for a total of times; (b) the Defendant was sentenced to a fine once a fine; (c) five times a stay of execution; and (d) three times a suspended sentence; and (c) the Defendant

However, considering the following factors: (a) the Defendant, who led to the confession of the crime, committed a mistake, returned the damaged thing, and all of the sentencing conditions stated in the pleadings of the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc., the sentence imposed by the lower court is deemed appropriate; (b) is too heavy, or is too excessive and unfair.

Therefore, each argument of the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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