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(영문) 창원지방법원 2019.11.27 2019노2009
공기호위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., e., e., 1: imprisonment with prison labor for 4 months, 1 year of suspended execution, 2 months of imprisonment with prison labor, 2 months of forfeiture) of the lower court is too unreasonable.

2. The lower court, under favorable circumstances, rendered a sentence by taking account of the Defendant’s age, character and conduct, the content and circumstances of the instant crime, and various sentencing conditions indicated in the instant records and pleadings, such as the circumstance where the Defendant was committed and recognized liability, the fact that there was no record of punishment for the same type of crime, the circumstances that may be considered in the course of the crime, and the equity with the case of the judgment at the same time as the final judgment became final and conclusive, etc., and was committed during the period of repeated crime.

Even when considering the circumstances alleged by the Defendant as the grounds for appeal, the lower court appears to have determined the punishment within a reasonable scope, sufficiently taking into account all the circumstances regarding sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

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 because the defendant's appeal is without merit.

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