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(영문) 창원지방법원 2018.12.19 2018노2212
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of grounds for appeal (the sentence of the lower court shall be six months);

2. The appellate court’s judgment is reasonable to respect the first-class sentencing judgment in a case where there is no change in the conditions of sentencing compared to the first-class judgment, and the first-class sentencing does not deviate from the reasonable scope of discretion.

The fact that the defendant has the same criminal history and is also committed the crime of this case during the suspension period is disadvantageous to the defendant, but the defendant recognizes all of the crimes of this case and reflects it, the degree of damage is relatively minor, and the defendant's health is not good and the economic situation is not good.

As above, taking into account the unfavorable or favorable circumstances to the defendant, and taking into account the defendant’s age, sex, environment, circumstances leading to the crime, means and consequence, etc., the sentence of the court below cannot be deemed to be unfair due to excessive circumstances.

Unlike the fact that the sentencing conditions have been changed in the court;

There are no circumstances to see.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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