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(영문) 수원지방법원 2017.12.01 2017노6354

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (nine months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court rendered a sentence in consideration of the following: (a) the mitigation area (8 months to one year and six months) of the mitigation area (the scope of the punishment) (the special mitigation) of the mitigation area (the special mitigation area) of the mitigation area (8 months to one year and six months) (the person who is a special mitigation (the scope of the punishment) / the punishment of the same repeated offense not falling under the aggravation of specific crimes (the scope of the recommended punishment) / the mitigation area (8 months to one year and six months) of the mitigation area (the scope of the punishment) of the mitigation area (8 months to one year and six months) of the mitigation area (the punishment of general property) of the mitigation area (8 months to one year and six months) of the mitigation area of the punishment (the person who is a special mitigation (the special mitigation)) of the punishment amount) / the punishment amount of the punishment amount of the same repeated offender who does not fall under the aggravation of specific crimes (the punishment amount of a repeated crime).

In full view of the fact that each of the crimes of this case was committed within the short period after release without being subject to criminal punishment several times for the same kind of crime, and the sentencing guidelines, the sentencing judgment of the court below exceeded the reasonable scope of discretion, in full view of the fact that the judgment of the court below exceeded the reasonable scope of discretion.

There is no circumstance that it is unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the defendant's age, sex, environment, circumstances, and result of the crime, etc. are considered, the sentence of the court below is proper and too unreasonable.

Therefore, the defendant's assertion 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 for conclusion is without merit.