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(영문) 서울남부지방법원 2020.03.31 2019노2581
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the aforementioned circumstances, the lower court determined that the Defendant committed the instant crime on July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In so doing, the lower court did not err by exceeding the reasonable scope of discretion on the grounds that, under favorable circumstances, the Defendant committed a repeated crime during the period of repeated crime, despite the fact that the Defendant had been punished several times due to larceny, etc. under the same Act, and that the Defendant did not recover from damage, and that there was no special circumstance or change in circumstances that may be newly considered in sentencing in the trial. In full view of all the sentencing factors indicated in the instant records and arguments, including the Defendant’s age, character and behavior, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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