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(영문) 부산지방법원 2016.06.16 2016노189
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the first and second crimes as indicated in the judgment of the court below: imprisonment with prison labor for four months and the third crimes as indicated in the judgment of the court below: imprisonment with prison labor for three months) is too unreasonable.

2. There are extenuating circumstances such as the Defendant’s confession of all of the instant crimes and the reflection of the mistake, and the agreement with the victims.

However, the defendant has a history of having been sentenced one time as a result of the suspension of indictment and a fine for the same crime. On September 24, 2014, in the Busan District Court's branch court's branch, the defendant was sentenced to one year of the suspension of execution in six months of imprisonment and committed the crime as stated in the judgment of the court below during the suspension of execution, and other various sentencing conditions such as the defendant's age, sex, environment, means and method of the crime, and circumstances after the crime, etc., it cannot be deemed unfair since the sentence imposed by the court below is too large.

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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