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(영문) 부산지방법원 2016.08.12 2016노1785
특수절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the Defendant is too unaffortable due to the lower court’s punishment (two years of imprisonment and confiscation), while the prosecutor asserts that the above punishment is too unaffortable and unfair.

2. We also examine the argument of the Defendant and the Prosecutor.

In the past, the defendant recognized all of the crimes of this case as well as is in depth against each other, and the fact that the defendant reached an agreement with the victim C is favorable.

However, comprehensively taking account of the following facts: (a) the nature of each of the crimes of this case is not very good; (b) the Defendant continuously committed the crime for seven months during the period of repeated crime of the same kind; (c) the record of the same crime is possible; and (d) the number of victims of this case and the amount of damage; and (d) the risk of recidivism is very high in light of the circumstances of the crime of this case; (d) the circumstances after the crime of this case; (e) the Defendant’s age, sexual conduct, and environment; and (e) other various sentencing conditions in the pleadings of this case, such as the circumstances of the crime of this case; and (e) the Defendant and the Prosecutor’

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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