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(영문) 광주지방법원 2020.02.13 2019노2962
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the reasons for appeal is that the original court’s imprisonment (one and half years of imprisonment, and confiscation) is too unreasonable;

2. Determination

A. 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). B.

The lower court determined a punishment against the Defendant by taking account of the favorable circumstances, such as the following: (a) the crime due to Bophishing is very poor in its nature; (b) the personal and social harm is serious; (c) the instant crime constitutes a means to realize the profit of the crime; (d) the Defendant appears to have entered the Republic of Korea for the purpose of the crime; and (e) the fact that the Defendant is led to the confession of the crime; and (e) the fact that the damaged money and valuables were seized and returned to the victim.

C. Based on the above legal principle, there is no change in the above sentencing conditions compared with the court below, and in light of the balance of the sentencing with the same kind of crime, the defendant's age, character and conduct, motive of the crime, circumstances after the crime, etc., the court below's punishment is too unreasonable and it does not seem to have exceeded the reasonable scope of discretion.

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

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

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