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(영문) 수원지방법원 2019.08.23 2019노2809
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (crimes Nos. 1, 2, 3, and 5 in the original judgment: Imprisonment with prison labor for one year and six months, and crimes No. 4 in the original judgment: Imprisonment with labor for two months, and additional collection) of the lower court is too unreasonable.

2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below 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). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.

The circumstance in which the defendant asserts as the reason for appeal (such as the reflection of the situation, the agreement with some victims or the restoration of damage, and the equality between the cases of night buildings, intrusion and larceny as stated in the judgment of the court below, which became final and conclusive in the case of the crime of Article 4 of the decision of the court below, etc.) seems to have already been considered in

The Defendant was provisionally released by a sentence of imprisonment with prison labor for thief crimes. However, considering comprehensively taking into account the following factors: (a) the Defendant’s character and behavior, environment, motive, means and consequence of a crime committed in the lower court and the political party’s arguments during the period of parole and the period of repeated crime, which is one after the expiration of the period of parole, and the nature of the crime is not very good; and (b) the circumstances cited as the grounds for appeal are considered, it cannot be deemed that the lower court’s sentence goes beyond the reasonable scope of discretion and is too unreasonable.

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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