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(영문) 부산고등법원 2018.10.02 2018노450
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (four years of imprisonment) is too unreasonable.

2. Determination

A. The sentencing guidelines established by the Sentencing Committee based on Articles 81-2 and 81-6 of the Act on the Organization of Courts for the Sentencing (hereinafter “Sentencing guidelines”) are “reasonable, concrete, and objective setting” through the “procedures prescribed by the Act” in order to realize the “fair, objective sentencing” and “public disclosure”. Judges shall respect the selection of the types of punishment and the determination of the sentence (see Articles 81-2 through 81-12 of the Court Organization Act). In a case where a court must state the reasons for the sentencing in the written sentencing upon a judgment deviating from the sentencing guidelines, it shall state the reasons in a way that it expresses the reasons for the sentencing in question in a reasonable and persuasive manner (see, e.g., Supreme Court Decision 2010Do7410, Dec. 9, 2010).

(c)

If the judgment of the court below and its propriety are comprehensively considered in light of the conditions of sentencing as shown in the oral argument until the court below's decision and its decision were made and the appellate court's decision were made, the sentence imposed on the defendant is too heavy within the scope of the recommended sentencing guidelines

It is difficult to see it.

Defendant’s assertion is without merit.

3. 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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