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(영문) 광주고등법원 2020.01.09 2019노408

특정범죄가중처벌등에관한법률위반(절도)등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) of the lower court is too unreasonable;

2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). No new sentencing data is submitted to the Defendant, and there is no particular change in the sentencing conditions compared with the original judgment.

In addition, the grounds for appeal by the defendant seems to be considered in determining the punishment of the defendant.

In full view of the various sentencing conditions shown in the records and pleadings, the lower court’s sentence against the Defendant exceeded the reasonable scope of discretion.

Therefore, the defendant's ground of appeal is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.