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(영문) 창원지방법원 2020.10.08 2020노1322
절도
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment (one million won of fine) imposed on the defendant by the court below is too unreasonable.

Judgment

If there is no change in the conditions of sentencing compared with 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 en banc Decision 2015Do3260 Decided July 23, 2015). Defendant recognized and reflected a crime.

The victim has returned the damaged goods directly to the victim, and the victim wanted the wife of the defendant.

The Defendant seems to have committed the instant crime in order to raise living expenses as a disabled person of Grade VI and a recipient of basic living expenses.

There is no criminal offense exceeding the fine against the defendant.

However, taking into account the above favorable circumstances, the lower court reasonably reduced the fine notified in the summary order.

The defendant has been sentenced three times to suspend indictment due to the theft crime, and a fine of 50,000,000 won is being prosecuted and is currently pending in trial.

In addition, comprehensively considering various sentencing conditions, such as the defendant's age, health status, environment, family relationship, circumstances after the crime, and result, it cannot be deemed that the sentence imposed by the court below is too unreasonable beyond the scope of reasonable discretion.

The defendant's assertion that the sentencing of the court below is unfair 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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