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(영문) 부산지방법원 2017.02.02 2016노3001
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of a fine of one million won imposed by the original court on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is acknowledged in light of the following circumstances: (a) the defendant saw a restaurant and used a handway to the extent that the defendant was on the side of the carcter; and (b) the value of the stolen goods is 20,000 won or more; and (c) the defendant returned the stolen goods to the victim at an investigative agency; and (d) the victim does not want the punishment of the defendant by agreement with the victim; (b) the defendant had the record of being punished once by a fine due to larceny, etc. around 2004; (c) the defendant has been punished by a fine for negligence on several occasions under the influence of alcohol; (d) the crime of this case was committed under the influence of alcohol; and (e) the principal cause of the crime was similar to that of the defendant's age, sex, circumstances, economic circumstances, criminal history, motive and circumstances after the crime, etc., the punishment sentenced by the court below within the reasonable scope of discretion for sentencing.

The decision is judged.

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.

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