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(영문) 대구지방법원 2020.11.25 2020노3239
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. In a case 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). It is recognized that a defendant confessions and reflects against himself/herself.

However, in full view of the various circumstances shown in the records and arguments of this case, including the fact that the crime of Bosing is serious personal and social harm and the crime of this case requires strict punishment. The crime of this case is a means to realize the profit of the crime by Bosing organization, and the amount of damage exceeds 5 million won, etc., the punishment of the court below against the defendant is not heavy.

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

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