logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.09.21 2018노2426
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court, among the facts charged in the instant case, decided as follows: (a) 4 months of imprisonment with prison labor, 4 months of theft; (b) violation of the Act on Finance Specializing in Credit; (c) theft; and (d) embezzlement of possessory items; and (b) 2 years of suspended execution of imprisonment with prison labor for 6 months; (b) the Defendant only appealed for the larceny of intrusion on night buildings; (c) violation of the Act on Finance Specializing in Credit; (d) theft; and (e) embezzlement of possessory items is separately determined by the lapse of the appeal period; and (e) in the first instance court, the lower court determined as follows.

2. The sentence imposed by the lower court (four months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

3. The lower court rendered a sentence by taking into account the circumstances favorable to the Defendant and unfavorable circumstances, as seen above.

In the first instance trial, the victim C expressed his/her intent not to be punished by the defendant. In full view of various sentencing conditions as shown in the arguments in the instant case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., it is difficult to deem that the judgment of the court below exceeded the reasonable bounds of discretion or that maintaining the judgment of the court below is unfair.

Therefore, the defendant's assertion is without merit.

4. 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 (see, e.g., Supreme Court Decision 2018Da31366, Apr. 1, 201).

arrow