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(영문) 창원지방법원 2020.10.22 2020노1681
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Where there is no change in the conditions of sentencing compared to the judgment of 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 the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant recognized and reflected the instant crime.

The defendant is a person with a physical disability of the third degree who has left hand.

However, despite the fact that the defendant had been punished several times for the same crime, he again committed the crime of this case.

The defendant committed the crime of this case using her arms, her arms, and her stones, and is bad and bad to commit the crime.

Until now, victims have not recovered from damage.

In addition, comprehensively taking account of various conditions of sentencing, such as Defendant’s age, health status, environment, family relationship, circumstances after the crime, and consequences, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court following the lower judgment, the sentence imposed by the lower court cannot be deemed unfair beyond the scope of reasonable discretion.

The defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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