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(영문) 부산지방법원 2018.04.27 2018노807
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (ten months of imprisonment).

2. In full view of all the conditions of the argument and the record of the instant case including the favorable circumstances (a confession and partial damage was recovered) and unfavorable circumstances (a repeated crime, etc.) as stated in the grounds for sentencing, the lower court’s sentencing judgment exceeded the reasonable bounds of its discretion, in light of the following: (a) the Defendant’s age character and character environment; (b) the motive and means of motive of the crime; and (c) the circumstances after the crime.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

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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