beta
(영문) 서울중앙지방법원 2018.08.16 2018노1687

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year and two months of imprisonment) is too unreasonable.

2. The lower court seems to have sentenced one year and two months to the Defendant, taking into account all the circumstances unfavorable to the Defendant, such as (i) the fact that the Defendant recognized all of the crimes, and (ii) the Defendant was committed for the same kind of criminal offense, and (iii) the fact that the Defendant again committed the instant crime during the period of repeated crime for the same kind of crime, and did not agree with the victims.

When comprehensively considering the conditions of sentencing, the sentencing of the court below exceeded the reasonable limit of its discretion, and the sentencing criteria, etc. in the court below’s sentencing.

there is a special change in circumstances that can be assessed differently from the sentencing conditions at the court below.

shall not be deemed to exist.

In addition, even if the defendant's age, career, sex, environment, motive and background of the crime, means and consequence of the crime, etc. are considered, the sentence of the court below shall be appropriate, and it shall not be deemed unfair because it is too unreasonable.

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.