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(영문) 부산지방법원 2016.07.06 2015노4320
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. However, it is recognized that the circumstances such as the confession of the Defendant to commit the instant crime, the depth of his mistake is divided, the Defendant’s return to the victim of the seized tool (T-Makil) for the damaged goods, and the Defendant has no criminal history other than the criminal punishment of a fine of one million won due to the crime of violating the Road Traffic Act (driving of Drinking).

However, the crime of this case was stolen by the defendant for a tool owned by the victim with a market value of at least 300,000 won. In light of the method and content of the crime, etc., the crime of this case is considerably poor in light of the nature of the crime, the agreement with the victim can not be properly reached up to the depth of the crime, and there are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below, and other various sentencing conditions as shown in the argument of this case, such as equity in sentencing with the same and similar cases, age, criminal defendant, sex, environment, motive and circumstance of the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable.

Therefore, we cannot accept the defendant's above assertion.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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