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(영문) 창원지방법원 2018.07.20 2018노1191
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of grounds for appeal (the sentence of the lower court shall be punished by imprisonment with prison labor for eight months);

2. The lower court determined that the Defendant had the same criminal history and committed the instant crime during the repeated crime period, taking into account the circumstances favorable to the Defendant’s agreement with the victim, and determined a sentence by taking into account various sentencing conditions as shown in the instant records and arguments, such as the Defendant’s criminal history, age, sex behavior, environment, motive and means of the crime, and circumstances after the crime.

The grounds for the court below's unfair sentencing (the fact that the defendant recognized all of the crimes in this case, agreed with the victim, economic situation of the defendant, etc.) alleged by the defendant are shown to have been sufficiently considered in determining the punishment against the defendant, and the above sentencing conditions have changed in the court below's above sentencing conditions.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion is without merit.

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

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