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(영문) 부산지방법원 2015.11.26 2015노3266
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The circumstances favorable to the defendant include the fact that the defendant is led to the confession of the crime of this case, and that the defendant is willing to live faithfully in the future with happy families.

However, under the same law, the defendant committed several larcenys, and the victim has reached nine to ten years, and the amount of theft has been considerably poor in light of the frequency of the crime and the method and content of the crime. The defendant had been sentenced to seven juvenile protective disposition and three criminal punishment by larceny, etc. even before the court. In particular, as stated in the first head record of the crime in the original judgment, it seems that the defendant was sentenced to a three-year suspended sentence of imprisonment from this court for committing robbery, such as the crime of quasi-Robbery, and the defendant was finally sentenced to a three-year suspended sentence of imprisonment, and it appears that there was no fixed situation for the defendant, such as the defendant's agreement with the victims or failure to recover from damage, and the statutory punishment prescribed for special larceny among the crimes in the instant case is one to ten years, and the court below has already sentenced the defendant to the maximum statutory punishment in consideration of the above circumstances, and there is no change of circumstances that could be different from the original judgment and the punishment, and considering the age, character and conduct, the victim's environment, and various motive and circumstances after the crime of this case.

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

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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