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(영문) 부산지방법원 2018.01.12 2017노2580
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to 500,000 won) is too unreasonable.

2. The defendant's theft amount (57,00 won) is relatively small, and the victim does not want to be punished. However, although the defendant was punished more than three times for the same crime, he/she again committed the crime of this case during the same suspended execution period, even though he/she was punished more than three times for the same crime.

In addition, considering various circumstances that are conditions for sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, and recovery of damage, the lower court’s sentence cannot be deemed to be more severe than the Defendant’s mistake.

Therefore, the defendant's argument of sentencing is without merit.

3. 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 groundless.

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