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(영문) 부산지방법원 2017.08.11 2017노1939
야간건조물침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable.

2. The fact that the judgment of the commission of a crime is recognized and reflected, the theft goods were returned to all victims, and the damage amount is a small amount, etc. are favorable circumstances.

However, in full view of the following circumstances: (a) the Defendant committed the instant crime without being aware of the offender during the period of repeated crime due to the same crime; (b) there was a total nine criminal punishment for the same kind of crime; (c) there is no change of circumstances that may be newly considered in sentencing after the sentence of the lower judgment; and (d) other circumstances that form the conditions for the sentencing specified in the instant case, such as the Defendant’s age, sex behavior, environment, family relationship, and circumstances after the crime, it is difficult

Therefore, we do not accept the above argument of the defendant's above sentencing.

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. It is so decided as per Disposition.

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