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(영문) 전주지방법원 2018.07.05 2018노590
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal - The lower court’s punishment is too heavy.

2. There is no special change in circumstances in the trial about sentencing, and the lower court already determined the sentence by fully taking into account all circumstances that the Defendant asserts on the grounds of appeal.

In particular, the Defendant had been sentenced to four or more times of punishment including a single sentence for the same crime and a two-time suspended sentence, and the Defendant committed the instant crime without being aware of it during the period of suspended execution due to the same crime, as well as the sentencing grounds cited by the lower court, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, various conditions of sentencing indicated in the records of the instant case, such as the circumstances after the crime, and the result of the application of the sentencing guidelines of the Sentencing Commission, the lower court’s sentencing was too excessive and so it exceeded the reasonable scope of discretion.

It does not seem that it does not appear.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, 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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