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(영문) 전주지방법원 2021.02.16 2020노1724
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable (two years and six months of imprisonment).

2. The appellate court’s judgment is reasonable to respect the sentencing condition in comparison with the first instance court where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

The lower court appears to have determined a punishment by fully taking into account the various favorable and unfavorable circumstances (the fact that the defendant is a repeated offender, the fact that some victims have agreed to do so, etc.), and there is no special change in circumstances that may change the sentencing after the lower judgment.

In addition, examining the following conditions of sentencing, such as the Defendant’s age, sex, environment, background, circumstances after the commission of the crime, and history of the crime, etc., the lower court’s punishment against the Defendant is too excessive to exceed the reasonable scope of discretion and is not deemed unfair.

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 groundless.

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