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(영문) 부산고등법원 (창원) 2015.03.18 2014노415
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one-month imprisonment, etc.) on the defendant is too unreasonable.

2. Determination factors are recognized as favorable sentencing factors or objective and neutral sentencing factors, such as the fact that the defendant recognized all of the instant crimes and reflected.

However, each of the crimes of this case recognized by evidence, evidence law, and legal principles is also acknowledged as a disadvantageous sentencing factor or objective and neutral sentencing factor, such as the following: (a) the defendant destroyed the glass window on the side of the driver's seat of the truck with the fences prepared three times in advance; (b) removed the driver's seat dracker using the date dracker; and (c) removed the driver's seat dracker by linking the wire, and then cut the truck with the wire, and attempted to cut the truck on one occasion, and attempted to cut the truck under such several methods; (c) the nature of the crime is not weak; (d) the damage recovery was not performed other than the truck owned by the victim E at the time of the crime; and (e) even if foreigners are foreigners, they should be sentenced to punishment according to the sentencing guidelines in the same manner as Korean nationals.

In full view of such factors as sentencing factors as above, sentencing cases on larceny cases, Defendant’s age, character and conduct, intelligence and environment, motive and background leading to each of the crimes in this case, means and consequence of the crime, and circumstances after the crime, etc., the sentence imposed by the court below cannot be deemed to be heavy.

Therefore, the defendant's assertion of unfair sentencing 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 ground that it is without merit. It is so decided as per Disposition.

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