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(영문) 수원지방법원 2018.11.23 2018노5872
상습절도
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one hundred months of imprisonment) is too unreasonable.

2. The lower court sentenced the Defendant to ten months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the facts constituting the conditions for sentencing in this Court, in particular, the sentencing of the court below exceeded the reasonable bounds of its discretion when comprehensively taking into account the following factors: (a) the defendant had been punished for the same kind of crime; (b) the defendant committed the instant crime before the expiration of the parole period after parole was granted; (c) the victim did not reach an agreement with the victim; and (d) the applicable sentence, etc.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unreasonable, considering the following factors: the Defendant’s age, sex, family relationship, etc. after the instant crime.

3. 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 for conclusion is without merit.

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