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(영문) 부산지방법원 2018.03.23 2017노4833
야간주거침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (4 months of imprisonment and 6 months of imprisonment) by the court below is too unreasonable.

2. It is recognized that the Defendant, who led to the confession of all the crimes, has divided his mistake, the amount of theft was 930,000 won, and the punishment should be imposed in consideration of equity in cases where the Defendant, who attempted to larceny at night and to larceny at night, should be judged simultaneously with the attempt to larceny at night in which the judgment became final and conclusive, and attempted to larceny at night.

However, the defendant not only has been punished several times for a larceny crime, but also committed each of the crimes of this case without being aware of the period of repeated crime due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the judgment. The crime of special bodily injury in this case is committed by the defendant in the detention house where the defendant was in prison, by spreading hot water to another prisoner in the detention house where he was in prison, and the crime of this case is heavy, and there is no agreement with the victims, the injured person want not to agree with the victims, there is no change of circumstances that can determine the punishment differently from the judgment of the court below, and it is not recognized that the defendant's age, sex, environment, motive, means and consequence of each of the crimes in this case, and circumstances after the crime, etc. are too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition by the assent of all participating Justices (Provided, That in the judgment of the court below, the summary of the evidence in the judgment of the court below is a clerical error in the “investigation Report (Attachment of Criminal Records)” in the previous and previous judgments of “2017 High Order 988” (Attachment of Criminal Records) - the investigation report (Attachment of Criminal Records) - the judgment and the personal acceptance status, and thus, the correction is made ex officio pursuant to Article 25(1)

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