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(영문) 창원지방법원 2017.02.09 2016노3204

야간주거침입절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (four years of imprisonment) is too unreasonable.

2. Where there is no change in the terms and conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260, Jul. 23, 2015); there is no change in the terms and conditions of sentencing compared with the lower court because new sentencing materials have not been submitted in the trial at the first instance court; there is no change in the conditions of sentencing compared with the lower court; the Defendant has the history of having been sentenced four times for the same crime; the Defendant is a criminal committed during the period of repeated crime due to the same kind of crime; the number of the crimes committed by the Defendant, the number of the crimes committed by the Defendant, the amount of damages, and the number of victims, etc., the lower court’s sentencing was so excessive that the sentencing of

Therefore, 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.