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(영문) 부산지방법원 2020.09.10 2020노1999
특수절도등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The determination of the summary of the grounds for appeal (in both cases, 20,000 won, 20,000 won, 20,000 won and 10,000 won, 1 year and 10 months, and 2) is unreasonable;

2. The sentence sentenced by the court below is within the recommended range (at least six months of imprisonment) under the attached sentencing guidelines.

In consideration of the reflecting nature, health status, age, etc. of the Defendants, the punishment was determined in consideration of the crimes during the same suspended execution period, the frequency of crimes, the quality of crimes, the recovery of damage, the role of the Defendants, etc.

The court below did not err in selecting and applying sentencing factors, and there is no change in sentencing factors in the appellate court.

Even if this court re-examines the sentencing factors and other factors of sentencing which are set forth in the sentencing criteria, the determination of the original sentence is inappropriate.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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