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(영문) 수원지방법원 2017.07.07 2017노2533

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 six months of imprisonment) is too unreasonable.

2. The lower court sentenced one year and six months of imprisonment, considering the circumstances favorable to the Defendant and unfavorable circumstances, and the sentencing guidelines of the Sentencing Commission (one year and six months to four years), [the scope of recommended punishment] [the scope of general property] the aggravated area (one year and six months to four years) (one year and six years), which does not fall under the aggravated area (a person who is specially aggravated) of the specific crime (a person who is subject to aggravated punishment).

When comprehensively considering the fact that the defendant committed the crime of this case during the period of repeated crimes of the same kind, the sentencing judgment of the court below exceeded the reasonable scope of discretion, in particular, when comprehensively considering the fact that the defendant committed the crime of this case during the period of repeated crimes of the same kind, the applicable sentences, and the sentencing guidelines.

There is no circumstance that it is 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 if the defendant's age, sex, environment, circumstances, and result of the crime, etc. are considered, 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 for conclusion is without merit.