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(영문) 창원지방법원 2018.03.28 2018노59
상습절도
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal (the punishment of the court below shall be sentenced to imprisonment with prison labor for ten months);

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 court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

Based on the above legal principles, there is no change in the conditions of sentencing compared with the original court because new sentencing data was not submitted in the trial and the sentencing grounds revealed in the course of the argument in this case were too large, and the lower court’s sentencing was exceeded the reasonable scope of discretion because it was too large.

It does not appear.

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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