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(영문) 창원지방법원 2017.10.18 2017노1475
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court determined a sentence within the scope of the sentencing guidelines by taking into account favorable circumstances, such as the fact that a repeated crime is a repeated crime, and the fact that the same criminal record is several times including the previous criminal record in the lower judgment, the confession of the Defendant, the fact that some victims (crime 1 and 2 in the lower judgment) do not want punishment, and the mother’s active heading, etc.

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

The amount of damage is not more than 365,000 won in total, the defendant has yet to do so, and the defendant will not repeat again in the future.

It is recognized that the fact that the previous conviction in the judgment of the court below seems to have lived faithfully for a period of one year after the execution of punishment is completed.

However, in light of the fact that the defendant repeatedly committed the same kind of crime during the period of repeated crimes under several laws as before the judgment of the court below and the above sentencing factors, it cannot be deemed unfair for the court below to have excessively neglected punishment.

The sentencing conditions mentioned above have been significantly changed in the trial.

There are no circumstances to see.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, 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 is without merit. It is so decided as per Disposition.

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