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(영문) 수원지방법원 2020.06.18 2020노1632
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant (a crime No. 2 of the judgment of the court below: imprisonment with prison labor for six months, a crime No. 1 of the judgment of the court below and a crime No. 2 of the judgment of the court below: imprisonment with prison labor for six months) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the following are the circumstances favorable to the Defendant: (a) the Defendant, while recognizing all of the instant crimes, is doing so, and the Defendant is living in good faith without reoffending; and (b) the Victim E and the J did not want punishment against the Defendant.

However, in full view of the fact that the Defendant was at the end of the execution of punishment due to the same kind of crime and the fact that the Defendant committed the crimes No. 1 and No. 2 of the judgment of the court below, and the background, means and methods of each of the crimes of this case, and the frequency of crimes, etc., which are disadvantageous circumstances such as the nature and circumstances of the crime, such as the Defendant’s age, character and conduct, environment, motive and circumstances of the crime, means and consequence, and other circumstances that are conditions for sentencing as shown in the records and arguments, such as the circumstances after the crime, etc., the sentencing of the court below does not seem to be unfair because it goes beyond the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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