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(영문) 부산지방법원 2017.04.27 2017노725
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

The sentence of the lower court (one year and six months of imprisonment and fine of 300,000 won) against the accused on the summary of the reasons for appeal is too unreasonable.

Judgment

The circumstances favorable to the defendant are recognized, such as the fact that the defendant made a confession of all the crimes of this case and reflects the mistake in depth, that some of the damaged goods were returned to the victims, and that the damage was recovered to some extent, and that the defendant has yet to age.

However, the crime of this case was committed by the defendant in collaboration with his accomplice or independently, or with the victim's cell phone, credit card, stoba, etc., and used a stolen credit card with or without a license. In particular, the defendant was arrested and investigated as a flagrant offender on September 4, 2016 due to the crime of theft of a mobile phone, etc. on the ground that the defendant continued to commit an act of larceny without any stove, etc., in light of the circumstances of the crime, frequency, theft amount, etc., the criminal liability of the defendant is very heavy; the defendant did not endeavor to recover victims' damage; the defendant committed the crime of this case; the defendant committed the crime of this case more than five times despite the fact that he received juvenile protective disposition from the theft crime; the sentencing of our Criminal Procedure Act, which takes the trial-oriented principle and direct attention, has unique areas of deliberation; there is no change in the sentencing conditions compared with the first instance court; and if it does not exceed the reasonable scope of discretion of the defendant's sentencing, the court below's judgment should be justified and acceptable.

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