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(영문) 창원지방법원 2018.07.18 2018노937
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal (the punishment of the court below shall be sentenced to imprisonment with prison labor for a period of one year and six months);

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The lower court rendered a sentence by comprehensively taking into account the following circumstances: (a) the Defendant led to the instant crime; (b) the victim did not want the Defendant’s punishment; and (c) the instant crime constitutes the theft of repeated crimes; and (d) the fact that the nature of the crime was extremely poor since the crime was invaded upon residence; and (b) the sentence was imposed by comprehensively taking into account the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, etc.

(c)

The grounds for the court below's improper sentencing alleged by the defendant are shown to have already taken into account in determining the punishment against the defendant, and the above sentencing conditions have been changed in the court below.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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