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(영문) 제주지방법원 2017.12.14 2017노599

야간선박침입절도

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 trial-oriented and directness, there is no change in the conditions of sentencing between the first instance court and the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The defendant shows an attitude to recognize and reflect each of the of the crimes in this case, and the defendant has no record of criminal punishment in the Republic of Korea, but there is no change in circumstances that can be considered in sentencing after the sentence of the lower court, considering the circumstances, the lower court appears to have determined the sentence against the defendant, and there is no change in circumstances that can be considered in sentencing after the sentence of the lower court. In light of each of the crimes in this case, considering the background, contents, methods, frequency, damage amount, etc. of each of the crimes in this case, the fact that the crime is not good, and the damage to the victims has not been recovered properly, and the court below did not have any reasonable scope of sentencing, including the age, sex, environment, motive and method of each of the crimes in this case, and the following circumstances.

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.