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(영문) 부산지방법원 2017.09.07 2017노2535
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (one year and six months of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.

Judgment

The circumstances favorable to the defendant are recognized, such as the confession of all the crimes of this case by the Defendant, against the mistake, and the theft amount of this case constitutes a relatively small amount of money.

However, the crime of this case is committed nine times in total by the defendant destroying locking or destroying locking the locking device and intrusion on commercial buildings at night, and it disturbs the order of electronic financial transactions by lending the cash card, etc. in the name of the defendant to the needy person. In light of the circumstances of the crime, frequency, and method of the crime, the liability for the crime is very heavy; the defendant does not make any effort to recover victims' damage; the above account lent to the needy person was actually used in the crime of the second crime, and additional criminal damage occurred; the defendant committed the crime of this case even though there was a history of punishment several times for the same crime; the punishment of this case was committed in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where there was no change in the sentencing area unique to the first instance court with respect to the determination of sentencing, and the sentencing of the first instance does not go beyond the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do2635, Jul. 26, 2015).

In conclusion, the defendant's appeal is justified.

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