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대구지방법원 2020.04.29 2019노1518

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below imposed on the defendant is too unreasonable (a fine of three hundred thousand won).

2. In a case where there is no change in the conditions of sentencing compared with 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The fact that the amount of damage is very insignificant, the Defendant’s economic difficulty, and the fact that the health is not good is favorable to the Defendant.

However, in full view of the facts revealed in the records and arguments of this case, there is no reason to view that the sentence imposed by the court below is appropriate and that the sentencing judgment by the court below exceeded the reasonable bounds of discretion or that it is unreasonable to maintain it as it is is.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.