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(영문) 부산고등법원 2018.11.21 2018노519

강도등

Text

The defendant's appeal is dismissed.

The court shall reject an application for compensation by the applicant for compensation.

Reasons

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

2. Determination

A. The sentencing guidelines established by the Sentencing Committee on the basis of Articles 81-2 and 81-6 of the Act on the Organization of Courts for the Determination of Sentencing (hereinafter “Sentencing guidelines”) are “reasonable, concrete, and objective setting” through the “procedures prescribed by the Act” and “public disclosure”. Judges shall respect the selection of the types of punishment and the determination of the sentence (see Articles 81-2 through 81-12 of the Court Organization Act). Where the court intends to state the reasons for sentencing in the written sentencing, it shall state the reasons for the sentencing in a way that it expresses the relevant sentencing in a reasonable and persuasive manner (see Supreme Court Decision 2010Do7410, Dec. 9, 2010) / [2] the scope of imprisonment with prison labor for a period of less than 10 years from the date on which the relevant punishment is imposed to a large number of unspecified sentencing factors (see, e.g., Supreme Court Decision 100Do7410, Jan. 2, 2015].

(c)

The judgment of the court below and its propriety are obvious in the sentencing conditions as shown in the arguments until the circumstances and the trial of the court below are rendered.