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(영문) 서울서부지방법원 2018.08.16 2018노724
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The lower court appears to have sentenced six months of imprisonment, taking into account the circumstances favorable to the Defendant and favorable to the Defendant, and the sentencing guidelines recommended by the Supreme Court sentencing committee (from April to October).

When comprehensively considering the conditions of sentencing, the sentencing judgment of the court below exceeded the reasonable limit of its discretion in light of the sentencing criteria, the sentencing criteria, etc.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, considering the character, conduct, family relationship, the circumstances and result of the instant crime, etc. of the Defendant, the sentence of the lower court is appropriate and too unreasonable.

Therefore, the defendant's argument of sentencing is not accepted.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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