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(영문) 부산지방법원 2019.06.13 2019노435
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The determination of the summary of the grounds for appeal (two years of suspended sentence in six months of imprisonment) is unreasonable;

2. The lower court determined that the sentence was chosen within the scope of the applicable sentencing guidelines and the recommended sentencing guidelines (two months of imprisonment to eight months).

The punishment was imposed by considering the same power, the nature of the crime, the degree of participation, and the recovery of damage.

There is no error in the process of selecting the sentencing factors set forth in the sentencing guidelines.

Even if this court re-examines the sentencing factors and other factors of sentencing which are set forth in the sentencing guidelines, the sentencing of the original court whose sentence has been postponed for two years cannot be deemed unfair.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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