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(영문) 부산지방법원 2019.10.24 2019노2161
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined punishment in consideration of the fact that the Defendant committed the instant crime even though he/she had committed several previous crimes of the same kind, and there is no change in circumstances or normal relationship that could change the sentence of the lower court in the trial.

When comprehensively taking into account various sentencing conditions, such as the Defendant’s age, character and conduct, records of the crime, motive and circumstance after the crime, etc. as shown in the arguments of the court below and the party branch, the sentence imposed by the court below is not hot within the reasonable scope of discretion.

3. In conclusion, 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. It is so decided as per Disposition.

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