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(영문) 서울중앙지방법원 2018.01.26 2017노3604
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable because it is too unreasonable for the defendant to be sentenced to the punishment (300,000 won penalty) declared by the court below.

2. Determination is a favorable condition for the Defendant, such as the fact that the Defendant’s health condition is not good due to the birth in 1950, that the damaged items were recovered at the site and there was no substantial damage, and that the Defendant committed the instant crime contingently.

However, 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 them (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, there is no change in the conditions of sentencing compared to the lower court on the ground that no new data on sentencing has been submitted at the appellate court.

In light of all the circumstances alleged by the Defendant, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, the sentencing conditions specified in the lower court’s sentencing deliberation process, including the circumstances after the commission of the crime, the sentence imposed by the lower court is too large and goes beyond the scope of reasonable discretion.

subsection (b) of this section.

Therefore, the defendant's assertion 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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