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(영문) 부산지방법원 2017.04.27 2017노826
상습절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The following can be considered as sentencing materials favorable to the Defendant: (a) the Defendant led to the confession and reflect of the instant crime; (b) considerable number of victims of the instant crime did not want to punish the Defendant; and (c) most of the seized damaged articles were returned or returned to the victims.

However, the Defendant was sentenced to a suspended sentence of one year and six months on October 8, 2014 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and was sentenced to a suspended sentence of two years on the same month, and committed part of the instant crime without being aware of the fact that the judgment became final and conclusive on the 14th day of the same month, and most of the instant thief crimes committed by the Defendant. The most of the instant thief crimes committed by the Library cited the object owned by the victim from the library, which is the same as the applicable law for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) sentenced on October 8, 2014, and there is no special change in circumstances that may be newly considered in the sentencing after the judgment of the lower court was rendered, the sentence imposed by the lower court is not excessive.

3. Accordingly, 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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