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(영문) 서울서부지방법원 2018.05.17 2018노69
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of the suspension of the execution of six months of imprisonment, the observation of protection, and the community service order 80 hours) is too unreasonable.

2. In determining the sentence against the Defendant, the lower court rendered a sentence by comprehensively taking into account all the sentencing conditions set forth in the arguments of the instant case, such as the Defendant’s age, sexual conduct, environment, and circumstances after committing the instant crime, considering the fact that the Defendant committed each of the instant crimes during the period of suspension of execution, despite the fact that the Defendant had a total of 8 times criminal punishment, including three times of the suspension of the execution of imprisonment, and considering the fact that the Defendant committed the instant crimes during the period of suspension of execution as a substitute for the Defendant’s mistake, the amount of damage is relatively small, the victim paid KRW 1 million as compensation for damage, and the victim did not want the Defendant’s punishment

Examining the above sentencing of the lower court in light of the record, the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion.

There is no change in circumstances to regard that maintaining the sentencing of the court below is unfair in the trial.

Ultimately, the lower court’s punishment is appropriate, and it cannot be deemed unfair because it is too unreasonable.

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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