(영문) 대전고등법원 2019.06.26 2019노157 | 리걸엔진

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(영문) 대전고등법원 2019.06.26 2019노157

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The lower court determined that the Defendant was sentenced to imprisonment with prison labor for two years in consideration of various conditions in the public trial, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, etc., in view of the following factors: (a) the Defendant was aware of all the instant crimes; (b) some of the crimes were committed by the Defendant; (c) the amount of damage was not much significant; and (d) some of the victims were not wanting to be punished by the Defendant; and (d) the Defendant appears to have led to the instant crime in order to raise the living cost after being released therefrom; (c) the Defendant had been sentenced to imprisonment with prison labor for the commission of larceny; (d) the Defendant started to commit larceny again in one week after the execution of imprisonment with prison labor for habitual larceny; (e) the instant crime was committed by intrusion upon the structure at night; (e) the method of committing the crime was very poor; (e) damage was most not recovered; and (e) some of the victims were disadvantageous to the Defendant.

In full view of the conditions of sentencing and the recommended sentencing guidelines expressed in the process of examining the sentencing of the lower court, the lower court did not evaluate that the lower court’s judgment exceeded the reasonable bounds of its discretion, and there is no change in the conditions of sentencing that can be deemed unfair to maintain the lower court’s judgment.

Therefore, it cannot be deemed that the sentence of the court below is too unreasonable because it is too unreasonable.

Defendant’s assertion is not accepted.

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.

참조조문

-형사소송법 제364조 제4항

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