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(영문) 부산지방법원 2018.05.18 2018노1037
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (one year and six months of imprisonment).

2. The Defendant is making a confession of all of the crimes of this case in the first instance judgment.

However, in light of these circumstances, the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion, in full view of all the conditions of the pleadings and the records, including the Defendant’s age character and character intelligent environment, motive means of crime, and consequence of crime, and circumstances after crime, including the favorable circumstances (the amount of damage is not relatively large) and unfavorable circumstances (the number of previous forces, the number of times of crime is large, and most damage is not recovered) as stated in the reasons for sentencing.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

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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