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(영문) 부산지방법원 2017.06.23 2017노1386
상습특수절도
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (three years of imprisonment, confiscation) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. As to each of the unlawful arguments of sentencing by the defendant and prosecutor, it is recognized that the defendant had the record of suspended execution and punishment for the same crime several times, and that the defendant committed each of the of the crimes of this case repeatedly without being aware of the period of repeated crime due to the same crime, and that in light of the motive and method of each of the crimes of this case, the liability for the crime of this case is grave, and the number of the crimes exceeds 20 times and the total amount of damage exceeds 37 million won, but it is recognized that the damage was not recovered at all, and that there was no agreement with the victims.

However, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, etc., the sentence imposed by the lower court on the Defendant is deemed appropriate, and is too heavy, or is too unreasonable, because it is too low, in light of the circumstances after the instant crime.

Therefore, each argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act: Provided, That the phrase “the attempted larceny” of the judgment of the court below under the applicable provisions of the Act and Article 332 of the Criminal Act as to the crime subject to the applicable provisions of the Act, and the phrase “the attempted larceny at night,” and the phrase “each intrusion upon each house” of three parallels is deemed to read “the intrusion upon each house,” and the phrase “Article 319(1) of the Criminal Act,” respectively, and the phrase “Article 330 of the Criminal Act,” of “Article 319(1) of the Criminal Act,” and “Article 332 and Article 330 of the Criminal Act,” of the first parallel.

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