logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2021.02.03 2020노235
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, in full view of the various circumstances as stated in its reasoning, has determined the punishment, and there is no special change in circumstances that may be assessed differently from the conditions of sentencing of the lower court until the appellate court is in the trial.

In addition, taking into account all the sentencing conditions as shown in the argument of the instant case, such as the character, conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, and the scope of recommended sentences according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s punishment is excessively excessive beyond the reasonable scope of discretion.

shall not be deemed to exist.

Therefore, the defendant's argument of sentencing is without merit.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

arrow