(영문) 창원지방법원 2018.09.05 2018노1534 | 리걸엔진

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(영문) 창원지방법원 2018.09.05 2018노1534

절도등

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The defendant's appeal is dismissed.

Reasons

1. Sentencing the sentencing on the gist of the grounds for appeal (the punishment of the court below shall be punished by imprisonment with prison labor for one year and six months and a fine of 300,000 won);

2. The lower court determined: (a) the Defendant had already been punished five times due to larceny or special larceny; (b) the Defendant has already been sentenced to imprisonment four times; (c) the Defendant has repeatedly committed a crime under the same several laws; (d) the Defendant has repeatedly committed another identical crime during the period of repeated crime due to the actual criminal conviction; and (e) the total amount of damage does not exceed KRW 4.61 million; and (e) the amount of damage does not exceed KRW 4.61 million; and (e) the damage amount of each individual crime appears to be a living crime and the amount of damage is relatively low.

Considering the favorable circumstances, the sentence was determined in consideration of various sentencing conditions shown in the records and arguments of this case, such as the criminal history, age, sex, environment, motive and means of the crime, and circumstances after the crime.

The grounds for unfair sentencing alleged by the defendant (the fact that the crime of this case is a living offender, the health of the defendant is not good, and the amount of damage is not significant) are shown to be the reasons that the court below already considered in determining the punishment against the defendant, and the above conditions of sentencing have changed in the trial.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion is without merit.

3. In conclusion, 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 is without merit. It is so decided as per Disposition.

유사 판례

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