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(영문) 창원지방법원 2019.07.03 2017노2494
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for up to eight months, suspension of execution for two years, probation, order to attend a course, and order to provide community service) of the lower court is too unreasonable;

2. The lower court rendered a sentence by taking into account the following circumstances: (a) the Defendant confessions; (b) there is a need to treat and protect the larceny; (c) there is no record of criminal punishment heavier than imprisonment without prison labor or a heavier punishment; (d) the investigation procedure for the crime on December 21, 2016 was underway; (c) the Defendant committed the crime on January 31, 2017; (d) the injury has not been recovered; and (e) the fact that there was a record of punishment for the same kind of crime is disadvantageous to the Defendant.

Even when considering the circumstances alleged by the Defendant as the grounds for appeal, the lower court appears to have determined the punishment within a reasonable scope, sufficiently taking into account all the circumstances regarding sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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