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(영문) 부산지방법원 2017.08.25 2017노1919
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. All of the judgment crimes are recognized and reflected, and the fact that an agreement has been reached with the victims is favorable.

However, the Defendant repeatedly committed the crime of theft by intrusion upon another person’s residence at a low level, and the risk of repeating the crime seems to be high, and the same crime has served three times or more times as the same crime, and there is no change in circumstances to be considered newly after the decision of the lower court, and other various circumstances, including the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, are considered as the conditions for sentencing specified in the instant case. However, even though the Defendant was living, he/she was prevented from committing each of the instant crimes due to his/her life.

Even under such circumstances, the court below’s sentence is too heavy.

shall not be deemed to exist.

Therefore, we do not accept the above argument of the defendant's above sentencing.

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. It is so decided as per Disposition.

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