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(영문) 수원지방법원 2020.02.07 2019노5830
절도등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The lower court sentenced the Defendant to six months of imprisonment in consideration of the circumstances unfavorable to the Defendant, favorable to the Defendant, and the sentencing guidelines recommended by the Sentencing Committee.

In full view of the facts that serve as conditions for sentencing in the trial, in particular, the fact that the defendant repeatedly committed each of the crimes of this case during the suspended execution period for the same kind of crime, the applicable sentences, and the sentencing guidelines, etc., even if an additional agreement was made with the victim E in the trial, there is no circumstance that the judgment of the court below exceeded the reasonable limit of discretion, or that maintaining the sentencing of the court below is unreasonable.

In addition, considering the circumstances and results of the crime of this case, the sentence of the court below is proper, and it is not recognized that it is unfair because it is too unreasonable, considering the circumstances after the crime of this case.

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 since the defendant's appeal is without merit.

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