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(영문) 청주지방법원 2017.11.03 2017노1150
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court seems to have sentenced the Defendant to a punishment by taking into account the following circumstances: (a) the Defendant was suffering from mental confusion due to an influence of the Defendant at the time of committing the instant crime; (b) the Defendant appears to have committed a crime due to economic difficulties while living in his own mind while living in his own mind; (c) the Defendant’s sexual intercourse was committed; (d) the Defendant continued to commit a crime even three times before the last five years; and (e) there was no effort to recover from

When comprehensively considering the motive, circumstance, result, the circumstances after the crime, the defendant's age, sexual conduct, record of punishment, etc. in the trial of the political party, as well as the matters under the conditions of sentencing, including the punishment, the judgment of the court below 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.

Therefore, Defendant’s ground of appeal cannot be accepted.

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.

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