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(영문) 부산지방법원 2018.03.23 2018노64
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the public prosecution regarding the assault among the facts charged in the instant case and rendered a judgment of conviction against the remainder of the facts charged.

Since the defendant appealed only against the guilty portion, the defendant cannot appeal against the judgment dismissing the public prosecution (see, e.g., Supreme Court Decision 82Do3076, Dec. 13, 1983). Of the judgment below, the dismissal portion of the public prosecution became separately determined as it is and excluded from the scope of the judgment of this court.

2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

3. We can find the following circumstances: (a) the Defendant led to the confession of each of the instant offenses; (b) the value of the attempted larceny and the thief’s damage was not significant; and (c) the thief’s crime was directly discovered at the site to recover the damage inflicted upon the victim.

However, the Defendant committed each of the crimes of this case in a short term and most victims want to punish the Defendant.

In particular, in light of the fact that the Defendant had been punished several times prior to each of the crimes in this case, and the Defendant was sentenced to imprisonment for the same kind of crime and committed each of the crimes in this case during the period of repeated crime, there is a need for strict punishment.

In addition, considering various circumstances such as the defendant's age, sex, environment, etc., the sentence of the court below is too unreasonable.

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

4. 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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