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(영문) 인천지방법원 2018.02.07 2017노4393

특정범죄가중처벌등에관한법률위반(절도)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too unreasonable.

2. In light of the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even if there is no change in circumstances that may be considered in sentencing after the lower judgment, and the various sentencing conditions indicated in the records and arguments of this case are considered.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure; however, the Defendant’s appeal is dismissed ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, “one year of imprisonment with prison labor at the Ulsan District Court on November 2, 2012 for larceny; one year of imprisonment with prison labor at the Ulsan District Court on November 2, 2012; and “the same court” in subparagraphs 1 and 2 of the same section is dismissed as “Ulsan District Court”; and “eight months and eight months of imprisonment with prison labor at the Seoul Central District Court on August 23, 2013”; and “one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes” is added at the Seoul District Court on August 23, 2013.