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(영문) 부산지방법원 2017.08.31 2017노1607
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime when the judgment was in the first instance, and is against the Defendant, and that the Defendant’s participation in the instant crime is relatively hot, and that the Defendant did not reach an agreement with the victim at the investigation stage.

However, the Defendant was sentenced to one year and three months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury) on May 2016, and the execution of the sentence was completed on January 30, 2017, and the Defendant committed the instant crime, and the Defendant’s criminal records, including the aforementioned repeated criminal record, up to eight times (three times of imprisonment) are considered, and thus, it cannot be deemed unfair because the lower court’s punishment, which sentenced to the maximum punishment (six months of imprisonment) within the applicable sentencing range, is too unreasonable due to an excessive reduction of the amount of punishment after the aggravated punishment of the instant special larceny.

3. According to the 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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