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(영문) 부산지방법원 2018.09.07 2018노2447
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (200,000 won) is too heavy.

2. The judgment of the Defendant led to the confession of each of the instant offenses, the amount of damage to each of the larceny was not significant, and some of the damage was returned to the victim.

However, the defendant committed each of the crimes of this case again even though he had the record of receiving a suspended sentence due to the same crime.

In addition, the lower court’s sentencing judgment exceeded the reasonable bounds of discretion, in full view of the following: (a) the Defendant’s age character and character environment; (b) the motive and means of commission of the crime; and (c) the circumstances after the crime.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

3. In conclusion, 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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