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(영문) 청주지방법원 2020.05.08 2019노1826
야간주거침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). New circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment do not appear.

The lower court determined the punishment by taking into account the favorable and unfavorable circumstances of the Defendant.

The fact that the defendant is against the defendant is favorable to the defendant.

However, it cannot be deemed that the lower court’s sentence is too heavy beyond the reasonable limit of discretion in light of the following: (a) the Defendant’s same crime (including the crime of attempted crime) was punished eight times in total; (b) the Defendant committed each of the instant crimes during the period of suspension of execution for the same kind of crime; and (c) the Defendant did not recover from damage.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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