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(영문) 부산지방법원 2020.04.10 2020노44
야간주거침입절도등
Text

The defendant's appeal is dismissed.

Reasons

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

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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). Based on the foregoing legal doctrine, the following factors are examined: (a) there is no particular change in sentencing conditions compared with the lower court’s decision on the grounds that new sentencing materials have not been submitted in the trial after the lower court was sentenced.

In addition, considering comprehensively the sentencing factors indicated in the proceedings of the instant case, such as the Defendant’s character and conduct, environment, motive for the crime, and circumstances after the crime, etc., that the Defendant committed the instant crime during the same repeated crime period, the amount of damage in this case is a large amount, the victims are also many, and the number of crimes is very large, the sentencing factors of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because it is too large.

Therefore, the 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 since it is without merit. It is so decided as per Disposition.

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