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(영문) 부산지방법원 2019.09.19 2019노1930
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten 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 not only the Defendant was punished for the same kind of crime, but also the Defendant repeatedly committed each of the instant crimes during the repeated crime period, and the Defendant did not agree with the victims, and there are no new circumstances that may change the sentence of the lower court in the trial.

In addition, comprehensively taking account of various sentencing conditions, such as the Defendant’s age, character and conduct, criminal records, criminal records, the method and circumstances after the crime, etc., as shown in the arguments at the lower court and the political party, 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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