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(영문) 부산지방법원 2013.07.26 2013노1051
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty of 1.2 million won imposed by the court below on the defendant is too unreasonable.

2. It is recognized that the defendant recognized all of the crimes of this case, against whom the amount of damage caused by the crime of this case is not so significant, support the mother, and is economically difficult.

However, in full view of all the circumstances, including the Defendant’s age, environment, family relationship, occupation, and motive leading to the instant crime, etc., the sentence of the lower court cannot be deemed unfair, based on the following circumstances: (a) the Defendant invaded on the victim’s residence and thus did not change the matter; (b) the Defendant committed the instant crime even though having been sentenced to a punishment of the same kind of crime before being sentenced to the previous punishment; and (c) the Defendant did not agree with the victim; and (d) the damage was not recovered; and (c) the lower court sentenced to a fine of KRW 1.2 million reduced compared to the summary order in consideration of the circumstances favorable to the Defendant; and (d) other conditions attached

Defendant’s assertion is without merit.

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

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