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(영문) 수원지방법원 2017.04.28 2017노653

특수절도미수등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The lower court sentenced the Defendant to three months of imprisonment in consideration of the circumstances unfavorable to the Defendant and favorable circumstances.

In full view of the matters on the conditions of sentencing and the applicable sentences in the trial, the sentencing judgment of the court below exceeded the reasonable bounds of its discretion.

There is no circumstance that it is deemed 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 in full view of the circumstances, age, sex, environment, etc. after the crime of this case, 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 is without merit.