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(영문) 창원지방법원 2016.12.15 2016노2747

야간건조물침입절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal is unfair because the punishment of imprisonment (three years and six months) of the original judgment is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the judgment of the court of first instance, and the sentencing of the court of first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In light of the method and frequency of the crime and the Defendant’s past record, etc., the sentencing of the court below is too unreasonable and it does not seem that the sentencing of the court below exceeded the reasonable scope of discretion. Thus, 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 ground that it is without merit. It is so decided as per Disposition.