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(영문) 대구지방법원 2021.01.20 2020노1797
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (7 million won in penalty) imposed by the court below on the defendant is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). It is recognized that the Defendant led to confession and reflect by the Defendant.

However, in full view of the various circumstances revealed in the records and pleadings, including the fact that the defendant committed the crime of this case during the same period of repeated crime, but the court below committed the crime of this case, and there is no special change in circumstances that can be sentenced to punishment in the trial, the sentence of the court below against the defendant is not heavy.

3. According to the 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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