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(영문) 대전지방법원 2018.07.18 2018노1149
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. It is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is desirable to refrain from rendering a sentence without any difference between the first instance court and the first instance court on the sole ground of the difference between the opinion of the appellate court and the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal principles, it is highly likely to be criticized in that the Defendant committed the instant crime while being tried for the same kind of crime, the lower court is a planned crime, the fact that the Defendant was a planned crime, the fact that the sentence of the suspension of sentence was not imposed if the pending case was combined, the damage was recovered in full, and the Defendant’s family relationship, etc., was determined within a reasonable scope, and thus, the lower court’s new sentence and its new conditions should be respected.

Therefore, the defendant's argument of sentencing cannot be accepted.

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

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