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(영문) 대구지방법원 2020.04.24 2020노524

특수절도

Text

The defendant's appeal is dismissed.

Reasons

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

2. The lower court appears to have sentenced one year and two months to the Defendant, comprehensively taking into account the circumstances favorable to the Defendant (i.e., confession and reflectivity, the agreement between the victims) and unfavorable circumstances (the records of having been punished several times, including imprisonment with prison labor, and, in particular, repeated crimes during the period of repeated crimes of the same kind of crime).

However, in light of the Defendant’s character, health conditions, family relations, the circumstances after the commission of each of the instant crimes, and other circumstances revealed by the records, and the recommended type of punishment (one year to three years of imprisonment) by the Sentencing Committee of the Supreme Court, and the fact that no change in circumstances was discovered that the lower court could change the sentence against the Defendant for the first time, the sentencing of the lower court is appropriate, and it cannot be deemed that the lower court abused its discretion or exceeded its discretionary limit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.