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(영문) 춘천지방법원 2017.06.01 2017노61
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not vary with the first instance court on the sole ground that the difference between the opinion of the appellate court and the opinion of the appellate court is somewhat different (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, in light of the foregoing, the court did not submit new data on sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and even if all the grounds for sentencing specified in the instant argument are comprehensive, it is not recognized that the first instance court’s sentencing was too excessive, thereby exceeding the reasonable scope of discretion.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure. However, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, “victim P” of the judgment below as “victim BV,” and “BW Card” of No. 6 of the judgment below as “BW Card,” and “AZ and BA’s statements” of No. 5 of the judgment below as “each statement” of the judgment below No. 5 of the judgment below as “Z and BA’s respective statements,” and each of the crimes listed in Attached 3 Crimes / 1,2,3, and 4 / 5,6, and 7 / 5,000 each of the crimes committed by each of the crimes committed, thereby denying the use of each of the credit cards (excluding each of the crimes committed by larceny 10,000”).

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