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(영문) 서울중앙지방법원 2020.04.23 2019노3905
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing 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). There is no change in the conditions of sentencing compared to the original judgment because of the lack of particular new sentencing data at the trial court. In full view of the reasons for sentencing revealed in the proceedings of the instant case (in particular, several times of intrusion upon another person’s residence and repeated crimes of larceny, the Defendant committed the larceny; the Defendant has a history of having been punished several times for the larceny; the Defendant did not agree with the victims; and the Defendant did not recover from damage), the sentencing of the lower court is too excessive to exceed the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

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

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