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(영문) 부산지방법원 2016.06.09 2016노1245
상습절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the original court (one year of imprisonment, confiscation) in the summary of the grounds for appeal is too unreasonable.

2. It is recognized that there are circumstances that should be considered in favor of the defendant, such as the fact that part of the stolen goods has been returned to the victim W, and the growth process, economic condition, health condition, etc. claimed by the defendant, should be considered in light of the circumstances favorable to the defendant.

However, even though the defendant had already been sentenced three times by opening a bath clothes in the manner as stated in the judgment of the court below and stealing the belongings of the bill, the defendant committed the crime of this case by the same multiple methods as the victim of this case committed the crime in the same number for two months after the execution of punishment was completed by the previous conviction in the judgment of the court below. Considering the circumstances such as the defendant's age, sex behavior, criminal records, circumstances after the crime, etc., the punishment sentenced by the court below is heavy even if considering the above favorable circumstances as above, even if considering the above favorable circumstances.

shall not be deemed to exist.

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.

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