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(영문) 수원지방법원 2021.03.19 2021노21
절도
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment imposed by the court below (eight months of imprisonment) is too unreasonable.

Therefore, it is reasonable to respect the sentencing under the Criminal Procedure Act of Korea, which takes the principle of trial-oriented and directness, where there exists no change in the conditions of sentencing compared to the first instance court in relation to the determination of sentencing, and the sentencing of the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no particular change in the sentencing conditions compared with the lower court’s judgment, and there is no history of having been punished for the same type of crime, as well as there is a history of having been punished several times as the Defendant committed the same offense, even during the period of repeated offense, and even during the period of repeated offense, the Defendant committed and committed the same type of crime. In full view of the fact that the Defendant agreed with the victim by dividing his mistake into the crime of this case, the Defendant’s age, sex, environment, etc., as well as all the conditions of the pleadings and records of this case, it is not recognized that the lower court’s sentence is too unreasonable beyond the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

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