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(영문) 창원지방법원 2019.06.12 2019노467
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal (e.g., imprisonment with labor for up to 10 months) by the lower court are too unreasonable;

2. The judgment below rendered a sentence within the recommended range according to the sentencing guidelines set by the Supreme Court Decision, taking into account the following circumstances: (a) the defendant's time to commit a crime and reflects; (b) the partial repayment of the amount of damage; and (c) the victim's failure to receive wages, etc. appears to have been made repeatedly; (d) the amount of damage was very large; and (e) the amount of damage was not yet recovered yet; and (e) the fact that there was a history of punishment for the same kind of crime is disadvantageously considered; and (e) other circumstances that are conditions for sentencing, such as the defendant's age, character and behavior, environment, motive, means and consequence

The grounds for unfair sentencing alleged by the defendant appear to be the circumstances that the court below had already taken into account when determining the defendant's punishment, and there are no circumstances to deem that the above conditions of sentencing have changed in the appellate court.

Rather, in addition to the above sentencing conditions, the sentence imposed by the court below is too unreasonable in view of the following: (a) the Defendant’s sales of stolen vehicle parts would have suffered significant damage due to whether or not the victim company suffered difficulties in normal sales; (b) the victim company wants to punish the Defendant’s severe punishment; and (c) the damage was not recovered.

Therefore, the defendant's assertion is not accepted.

3. As such, 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.

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