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(영문) 부산지방법원 2018.02.22 2017노4799
절도
Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (three months of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.

Judgment

The circumstances favorable to the defendant are recognized, such as the fact that the defendant led to the confession of the crime of this case and reflects the mistake, and the fact that the damaged goods of this case were returned to the victim.

However, the crime of this case is deemed to have stolen 1.4 million won of the market price of the victim's possession. The crime of this case is deemed to have been committed; in light of the substance of the crime, the responsibility for the crime was heavy; the defendant was returned to the victim with considerable damage to the victim; the defendant did not make any effort to recover the victim's damage; the defendant committed the crime of this case at the same time during the period of repeated crime of the same kind; the defendant committed the crime of this case in our Criminal Procedure Act, which adopts the trial-oriented principle and the principle of directness, has the unique area of the first deliberation as to the determination of the sentencing; the conditions of the sentencing are not changed compared with the first trial and the first trial sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances favorable to the defendant, which was recognized, do not seem to fall under any special change in circumstances that could change the sentence of the court below after the pronouncement of the judgment below; and the defendant's age and the circumstances of this case.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

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