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(영문) 제주지방법원 2017.06.01 2017노176

절도등

Text

The defendant's appeal is dismissed.

Reasons

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

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The Defendant appears to have committed each of the instant offenses, the victim was returned, and the degree of assault against police officers was relatively minor. However, the lower court appears to have determined the Defendant’s punishment in light of the foregoing circumstances, and there was no change in circumstances to take into account the sentencing after the sentence was sentenced, and the Defendant was sentenced to a suspended sentence for two years on February 12, 2015 and was sentenced to a suspension of execution of official duties, and the Defendant did not appear to have committed any of the instant offenses, including the following following the record and the motive and scope of each of the instant offenses, and each of the following circumstances was found to have been committed in the final and conclusive.

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.