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(영문) 수원지방법원 2018.09.21 2018노3433
절도등
Text

The defendant's appeal is dismissed.

Reasons

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

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

In full view of the facts that are the conditions for sentencing in this Court, in particular, the Defendant committed the instant crime during the period of repeated crime due to the same crime, the amount of damage caused by the instant crime is not significant, the victims have not agreed with, and the form of punishment, etc., the judgment of the lower court exceeded the reasonable bounds of discretion.

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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