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(영문) 대전지방법원 2020.02.13 2019노3588
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment of unfair sentencing (two months of imprisonment with prison labor for the crime referred to in subparagraph 1(a) of the judgment of the lower court, and ten months of imprisonment with prison labor for each crime referred to in Article 1-2(b) and (c) and (2) of the judgment of the lower court) 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 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). As stated in the grounds for sentencing, the lower court determined a punishment by fully taking into account all the circumstances regarding the Defendant’s sentencing, and comprehensively considering the records of the instant case and various sentencing conditions expressed in the trial process, the lower court’s sentencing is not deemed to have exceeded the reasonable scope of discretion, and there is no change in new sentencing conditions to deem that

(A) Although the Defendant made a confession on the crime as stipulated in Section 1-B(b) of the judgment of the court below which was denied by the court below for the first time, it does not constitute a change in circumstances that could change the sentencing of the court below). Therefore, it is not recognized that the sentence of the court below

3. In conclusion, 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.

(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the part of the reasons for sentencing of the judgment of the court below is corrected to "the fact that the defendant recognizes the crime" to "the fact that the defendant recognizes the remaining crimes except for the crimes in Section 1(b) of the judgment of the court below."

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