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(영문) 수원지방법원 2019.09.26 2019노4298
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is undue than the punishment imposed by the court below against the defendant (six months of imprisonment).

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). In full view of all the circumstances surrounding the sentencing of the Defendant, including the fact that the degree of damage is not serious, the lower court rendered a statutory minimum sentence by fully taking account of the overall circumstances regarding the sentencing of the Defendant, and comprehensively taking into account the motive, means, and consequence of the instant crime and the circumstances following the crime, etc., the lower court’s sentencing with respect to the Defendant cannot be deemed to be so excessive that the lower court’s sentencing is beyond the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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