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(영문) 인천지방법원 2020.11.27 2020노2623
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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). In addition, there is no change in circumstances that may be considered in sentencing after the lower judgment, and in light of the various sentencing conditions indicated in the records and pleadings of this case, including the fact that the Defendant was punished several times for the same kind of crime, and the injury suffered by the victim has not been recovered, the lower court’s punishment is too unreasonable even if considering the circumstances alleged by the Defendant as the grounds for appeal.

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

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