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(영문) 광주지방법원 2020.08.27 2020노1344
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (three years of imprisonment and the return of victims) is too unreasonable;

2. Determination

A. 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The lower court determined a punishment against the Defendant by taking account of favorable circumstances, such as the following: (a) the crime due to Bosing is very poor in the nature of the crime; (b) the personal and social harm is serious; and (c) the crime of this case occupies a large part of the crime as a means to realize the benefit of the crime by Bosing Organization; (d) the victims have not been recovered; and (e) the victims have not been able to recover; and (e) the fact that the possibility of recovery is unlikely to arise; and (e) the Defendant is led to confession

C. Based on the above legal principle, there is no change in the above sentencing conditions compared with the court below, and there is no other change in the sentencing conditions as seen above, and in full view of the factors revealed in the arguments in the instant case, such as the balance of sentencing with the same kind of crime, frequency of theft and the amount of damage, Defendant’s age, character and conduct, motive of crime and circumstances after the crime, the sentence of the court below is too unreasonable and it does not seem that the

Therefore, the defendant's assertion is not accepted.

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

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