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(영문) 부산지방법원 2020.07.23 2020노1591
절도
Text

All appeals by the defendant are dismissed.

Reasons

1. The determination of the summary of the grounds for appeal (an unfair punishment Nos. 1 and 2: Imprisonment with labor for 2 months and 3 or 7: Imprisonment with labor for 6 months) is unreasonable.

2. Determination

A. The lower court determined the sentencing on the part of the offenses Nos. 1 and 2 by taking into account the same criminal records and the same criminal facts as the final judgment became final and conclusive and the equity in the case where the judgment was rendered.

The court below did not err in selecting and applying sentencing factors, and there is no change in sentencing factors in the appellate court.

Although the sentencing criteria are not applied to the latter concurrent crimes of Article 37 of the Criminal Code, the sentencing criteria set forth in the sentencing criteria for larceny and other factors of sentencing are reviewed again, the amount of the original sentence in the part of the crime Nos. 1 and 2 is not unreasonable.

B. The sentence sentenced by the lower court to determine the sentencing on the portion of the crimes Nos. 3 through 7 is within the scope of recommendations according to the sentencing guidelines set out in the annexed sentencing guidelines (from April to June 10).

The punishment was determined by comprehensively taking into account the period of the same repeated crime, the frequency of crimes, and the scale of damage.

The court below did not err in selecting and applying sentencing factors, and there is no change in sentencing factors in the appellate court.

Even if this court reviewed the sentencing factors and other factors of sentencing, the sentencing factors and the sentencing factors set forth in the sentencing guidelines for larceny, it seems that the court below's decision on the offenses Nos. 3 through 7 is unreasonable.

3. The appeal by the defendant is without merit.

All of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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