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(영문) 부산지방법원 2020.05.28 2020노956
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year and six months of imprisonment, and confiscation) to the point of the reasons for appeal is too unreasonable; and

2. Determination

A. According to the records, the court below considered various factors for sentencing, such as the fact that the damage has not been recovered, the records of punishment for the same kind of crime are several times, and the fact that the crime of this case is committed again during the period of repeated crime, the fact that the mistake is divided and reflected as a substitute, and the amount of damage is not large, and determined a punishment within the scope of the recommended sentence according to the sentencing guidelines set by the Sentencing Commission for the enactment of the Supreme Court.

B. As new sentencing materials have not been submitted in the trial court, there is no change in the conditions of sentencing compared with the original court, and considering the fact that all errors have been divided and reflected in the trial court, and the various reasons for sentencing revealed in the oral proceedings, it does not seem that the lower court’s sentencing is too excessive to exceed the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

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

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