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(영문) 부산지방법원 2015.08.19 2015노1867
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. It is recognized that the circumstances such as the confession of all the crimes of this case, the depth of his mistake is divided, some of the damaged articles was temporarily returned to the victims, and the defendant's health status is not good due to the need for decision, etc.

However, the crime of this case was committed several times by the defendant, theft of property and embezzlement of property of the victim who escaped possession. In light of the method and content of the crime, etc., the quality of the crime was poor in light of the crime committed, the defendant was sentenced four times to criminal punishment for the same crime, the defendant was unable to reach an agreement with the victims or to recover from damage until the trial was held, the defendant's age, career, character and behavior, environment, motive and background of the crime of this case, motive and method of the crime of this case, method and consequence after the crime was committed, etc., and the sentence of the court below is the sentencing range according to the sentencing guidelines. (1) The punishment criteria for the crime of intrusion upon structure and larceny of this case (in case of night, it is not classified as a crime of intrusion upon structure and larceny, but it is not classified as a majority crime) are the basic scope of punishment for the crime of larceny, and the punishment criteria for the crime of larceny of this case is not set at least one year to the final sentencing guidelines. (2) The punishment criteria for the crime of larceny of this case is not set at least one year.

In full view of the fact that it is the lowest limit, it is not recognized that the sentence imposed by the court below is too unreasonable.

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