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(영문) 부산지방법원 2017.04.27 2017노852
점유이탈물횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (one year and ten months) is too unreasonable.

2. Determination is recognized that the Defendant led to the confession of each of the crimes of this case, and the Defendant appears to have committed a crime for livelihood since there was no import after release, and that the victim F was damaged by each of the other crimes except for night intrusion theft against the victim F.

However, on April 23, 2015, the Defendant was released on July 29, 2016 and released on July 18, 2016 during the execution of the sentence on the following grounds: (a) the parole period has elapsed on August 18, 2016; (b) since the parole period has not expired two months, the Defendant committed each of the of the of the of the of the instant crimes beginning with the crime and constitutes a repeated crime; (c) each of the of the of the instant crimes of larceny at night, the Defendant is highly likely to repeatedly commit the crimes for about 12 months during the short period; and (d) the damage was not agreed with the victims and has not been recovered, comprehensively considering the following factors, the sentence imposed by the lower court is not harsh.

3. Accordingly, 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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