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(영문) 창원지방법원 2018.05.30 2018노118
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the lower court on the summary of the grounds for appeal (the punishment of the lower court on each crime set forth in Articles 1 through 5 as stated in its holding shall be two years, and the punishment of the lower court on each crime set forth in its holding shall be six months);

2. The lower court determined the sentence by taking into account the following circumstances: (a) the Defendant’s nature of the instant crime is inferior, there is no effort to recover damage; (b) the Defendant committed the same kind of crime; and (c) other factors of sentencing as indicated in the instant records and arguments, such as the Defendant’s criminal history, age, sexual conduct, environment, motive and means of the crime; and (d) circumstances after the crime.

The grounds for the improper sentencing of the defendant (the fact that the defendant recognized all of the crimes of this case, the defendant committed the crime of this case in order to recover the expenses incurred in supporting the deceased E on behalf of his family members, and there are circumstances that may be considered in the circumstances of the crime of this case, and there are almost no direct profits), which the court below had already considered when determining the punishment of the defendant, or did not have any unilateral argument of the defendant, and the above sentencing conditions have been changed in the court below.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion is without merit.

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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