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(영문) 대전지방법원 2020.12.23 2020노3535
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant, as a recipient of basic living expenses, is against the wrongness of the facts of each of the instant crimes, and the actual amount of damage is not so large, the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where there is no change in the conditions of sentencing compared to 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 Decision 2015Do3260 Decided July 23, 2015). B.

In light of the above legal principles, the court below seems to have determined the punishment considering the above favorable sentencing factors asserted by the defendant. In addition, the sentencing of the court below is deemed appropriate, and it cannot be deemed unfair because it is too unreasonable, considering the circumstances where new sentencing materials that can change the sentence of the court below are not added at the trial, including the circumstances where the new sentencing materials that can change the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc. are considered, without being aware of the defendant who was in the period of repeated crime due to the crime, such as larceny of the same kind in this case, and the nature of the crime in light of the contents of the crime, such as the crime, such as attempted crime, and fraud.

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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