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(영문) 서울북부지방법원 2020.02.07 2019노1435
절도미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the court below on the defendant is too unreasonable.

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). Defendant is committing a crime and is against the law.

In recent years, there is no other good health, such as suffering from alcohol liverosis, dystrophal dementia, etc.

It is not significant damage caused by the crime, and it was agreed that the victims and the victims agree with the help of the sponsor, and the victims expressed their intent not to punish the defendant in this court.

Defendant

In addition, it is said that the above sponsor will not repeat again in consideration of the benefits of the sponsor.

However, such circumstances are the circumstances that were already revealed in the original trial.

The lower court, while taking into account the circumstances that the Defendant was sentenced to imprisonment with prison labor for a crime of larceny and for not more than one year after completion of the execution thereof, and thus re-offending during the period of repeated crime into account the circumstances unfavorable to the Defendant, on the other hand, took into account the aforementioned circumstances favorable to the Defendant, and took account of the circumstances favorable to the Defendant, and took the Defendant’s punishment instead of imprisonment.

There is no other new circumstance to consider sentencing after the sentence of the lower judgment, and taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and various sentencing conditions indicated in the instant arguments and records, such as the circumstances after the crime was committed, it cannot be said that the sentence imposed by the lower court is too unreasonable to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

3. Thus, the defendant's appeal is without merit, and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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