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(영문) 의정부지방법원 2020.06.26 2020노789
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable;

(2) In a case where there is no change in the conditions of sentencing compared to the judgment of 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. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, to refrain from rendering a sentence that does not differ from the judgment of the first instance court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). According to the foregoing legal doctrine, the Defendant committed the instant crime during the period of repeated crimes despite having been sentenced to imprisonment for the same thief, on nine occasions, despite the fact that the Defendant had been sentenced to criminal punishment for the same thief, and even during the period of repeated crimes, the frequency of the crime and the amount of damage are considerable, and it is inevitable to punish the Defendant.

The lower court determined the punishment by fully taking into account all circumstances that the Defendant asserted as the grounds for appeal, including that some of the victims were recovered from damage or certain victims were not wanting to be punished, and there is no change in the sentencing conditions compared with the lower court’s failure to submit new data on sentencing in the trial, and thus, it is not recognized that the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion, in full view of all the reasons for sentencing specified in the records and arguments of this case.

3. If so, 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.

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