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(영문) 부산지방법원 2017.10.19 2017노3029
절도등
Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (one year of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.

Judgment

The circumstances favorable to the defendant are recognized, such as the confession of the crime of this case and the violation of the mistake, when the defendant made a confession of the crime of this case.

However, the crime of this case is deemed to have been stolen of cash and precious metal equivalent to KRW 4.22,00 in total by the defendant intrusion upon the victim's house in the daytime; the crime of this case is significant in light of the circumstances of the crime, methods of the crime, theft amount, etc.; the defendant did not make any effort to recover the victim's damage; the defendant committed the crime of this case even though he had been punished several times for the same crime; the defendant committed the crime of this case; under our Criminal Procedure Act taking the trial-oriented principle and the direct principle, there are unique areas of the first deliberation as to the determination of sentencing; and there is no change in the conditions of sentencing compared with the first instance court, and the first deliberation sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances against the recognized defendant do not seem to fall under any special change in circumstances that could change the punishment in favor of the court below after the sentence of this case; and it does not appear to be too unfair in the circumstances of the defendant's pleadings.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

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