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(영문) 창원지방법원 2021.03.18 2020노2825
야간주거침입절도등
Text

The defendant's appeal is dismissed.

Reasons

The sentence (two years of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable for the appellate court to respect the determination of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant recognized and against the instant crime.

Part of the damaged product was recovered.

However, the defendant has been punished several times for the same and different crimes.

During a short period of time, the defendant stolen articles over several times or withdrawn deposits from victims' cards. In the case of larceny, the theft committed repeatedly in various places, such as houses, restaurants, telecomes, law houses, dormitories, dormitories, funeral ceremonys, vehicles, etc.

In full view of the following circumstances, including the Defendant’s age, health status, environment, family relationship, circumstances, and result of the crime, etc., and there are no special circumstances or changes in circumstances to the lower court’s sentencing following the lower court’s judgment, the sentence imposed by the lower court cannot be deemed to be unduly unfair because it exceeded the scope of reasonable discretion, in light of the following: (a) the Defendant’s age, health status, family relationship, circumstances after the crime was committed; and (b) there was no change in circumstances.

The defendant's argument of sentencing is without merit.

3. 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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