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(영문) 수원지방법원 2020.04.02 2020노362
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (one year and three months of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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). In light of the foregoing legal doctrine, the following circumstances are favorable to the Defendant: (a) the Defendant recognized each of the instant crimes, and (b) the Defendant was against the Defendant.

However, the Defendant had been punished several times for the same crime, and again went to the instant crime on October 5, 2019 due to the completion of the execution of the sentence in the Ganwon Housing Site. In light of the period and frequency of the crime, the nature of the crime is very poor in light of the crime period and frequency, the damage has not been properly recovered, and there is no change in the conditions of sentencing compared with the judgment of the court below because new sentencing data have not been submitted at the trial, and other various circumstances, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., which form the conditions of sentencing as shown in the instant records and arguments, do not seem to be unreasonable since the lower court’s sentencing goes beyond the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing 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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