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(영문) 부산고등법원 2016.02.17 2015노789
준강도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. In view of the circumstances favorable to the Defendant, such as where the damaged goods of each of the instant offenses were concealed, where the amount of damage was not high due to drinking water equivalent to KRW 40,00,00, and where agreement was reached with the victim G, the Defendant committed the instant quasi-Robbery during the period of the suspension of the execution of larceny by intrusion at night, and the Defendant committed the instant robbery during the period of the suspension of the execution of larceny by intrusion upon residence, considering the fact that the Defendant committed the instant robbery while the detention warrant was requested due to the occurrence of various circumstances and the detention warrant was dismissed and the Defendant again committed the instant larceny after the dismissal of the detention warrant, the Defendant’s awareness of law seems to be very weak, and the sentence imposed by the lower court against the Defendant was reduced by taking into account the above circumstances favorable to the Defendant in the statutory punishment applicable to each of the instant offenses. The sentence imposed by the lower court is heavier than the lower court, taking into account the following factors, and all other factors as prescribed in Article 51 of the Criminal Act.

subsection (b) of this section.

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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