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(영문) 부산지방법원 2018.02.09 2017노4516
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (10 months of imprisonment) is too heavy.

2. In full view of all the arguments of this case and the conditions of sentencing indicated in the records, including the favorable circumstances (a confession, agreement with the victims, the amount of minor damage, etc.) and unfavorable circumstances (e.g., bad character of the crime, the character and character environment of the defendant, the motive of the crime, the result of the motive of the crime, and the circumstances after the crime, etc., the judgment of the court below exceeded the reasonable limit of its discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

3. In conclusion, 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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