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(영문) 수원지방법원 2018.08.17 2018노3266
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The lower court sentenced the Defendant to one year of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the facts that this court has already been punished for the same kind of crime, in particular, the Defendant proposed and led the instant crime even if there is a history that the Defendant had already been punished for the same kind of crime, and the value of the damaged goods seems not to be small, the judgment of the court below exceeded the reasonable limit of its discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered after the instant crime, the Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is deemed to be adequate and too unreasonable.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.

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