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(영문) 부산지방법원 2019.08.22 2019노1082
도주
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment in consideration of the following: (a) while the Defendant was under consideration of hospital treatment, etc. regarding a disease during the execution of a sentence, the Defendant escaped from the process of crypting the disease; and (b) the Defendant recognized the mistake of the Defendant; and (c) there are no new circumstances that may change the lower court’

In addition, comprehensively taking into account the Defendant’s age, criminal records, character and conduct, method and circumstances after the crime, etc. as shown in the arguments of the lower court and the lower court, the sentence imposed by the lower court is conducted within the reasonable scope of discretion, and cannot be deemed as heavy.

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

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