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(영문) 부산지방법원 2017.06.02 2017노882
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. It is recognized that the Defendant voluntarily surrendered to an investigative agency, and that there was no previous conviction in addition to a fine for a different kind of punishment, and that the amount of damage to the instant crime is relatively small.

However, the victims have not been recovered from damage, and the victims have complained of uneasiness, and they have been punished by the defendant.

In addition, in light of the fact that the defendant used most of stolen money for telecom and entertainment expenses, etc., it cannot be viewed that it is a crime due to life and injury.

In addition, considering various sentencing conditions, such as the defendant's age, sex, environment, relationship with victims, motive, means and consequence of the crime, the circumstances after the crime, and the statutory punishment of each of the crimes of this case, the punishment imposed by the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. 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 groundless.

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