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(영문) 부산지방법원 2020.10.08 2020노1890

절도

Text

The defendant's appeal is dismissed.

Reasons

1. The determination of the summary of the grounds for appeal (e.g., a fine of two million won) is unreasonable;

2. The lower court sentenced a fine of less than three million won for a summary order (a fine of three million won).

The punishment seems to be determined by taking the case of judgement and equality as sentencing factors simultaneously with the same repeated crime and the crime for which judgment has become final and conclusive.

The court below did not err in selecting and applying sentencing factors, and there is no change in sentencing factors in the appellate court.

Although the sentencing criteria are not applied to a case where the defendant requested formal trial against the summary order, the sentencing criteria are not applied to this case. However, even if this court examines the sentencing factors and other factors of sentencing which are set forth in the sentencing criteria for larceny, the decision of the original court is inappropriate.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.