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(영문) 부산지방법원 2013.04.04 2013노586
특수절도
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (six months of imprisonment) is too unreasonable.

Judgment

It is recognized that the defendant is against the confession of the crime of this case, and K does not want the punishment of the defendant among the victims, and if this judgment becomes final and conclusive, the suspension of execution imposed before the defendant is invalidated and the suspended sentence should be imposed.

However, the Defendant had already been punished several times for the same crime, and the Defendant committed the instant crime even though he/she was sentenced to a two-year probation on November 4, 201 due to a violation of the Act on the Protection of Children and Juveniles from Sexual Abuse, which became final and conclusive on June 201, which became final and conclusive on the probation period, and the special larceny committed the instant crime. Special larceny is not less than one year’s minimum statutory penalty, and is the lowest sentence for six months, which is sentenced to the Defendant by the lower court, in the instant case where there are no other legal grounds for mitigation, the punishment for six months, which is the lowest sentence that can be sentenced after discretionary mitigation, and other various circumstances such as the motive and circumstance of the instant crime, circumstances after the crime, Defendant’s age, character and conduct, environment, etc. are considered to be unfair since the sentencing of the lower court is too excessive.

Therefore, 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.

However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the court below's ex officio correction is made that the defendant A's "defendant A" is applied to "Defendant A, B, and C" in the column of "5. Probation and Social Service Order"

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