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(영문) 수원지방법원 2020.03.19 2020노108
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the first instance judgment against the accused in the summary of the grounds for appeal 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the following circumstances are favorable to the Defendant: (a) the Defendant recognized each of the instant crimes and expressed the intent of reflect.

However, in full view of various circumstances, including the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the sentencing of the first instance court cannot be deemed unfair because the Defendant did not change the sentencing conditions compared to the first instance court because the Defendant did not submit any new sentencing data in the trial even during the period of suspension of execution due to the same kind of crime, and the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc., and the circumstances after the crime were committed.

3. The appeal by the defendant 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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