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(영문) 전주지방법원 2020.04.22 2019노1728

절도

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The lower court’s imprisonment with labor for not less than ten months is too unreasonable.

2. The lower court determined the sentence by fully taking account of all circumstances that the Defendant already asserted as the grounds for appeal, including the circumstances alleged as the grounds for appeal.

The defendant was punished several times for the same kind of crime, completed the execution of imprisonment for the same kind of crime, and again committed the crime of this case during the period of repeated crime. The nature of the crime is heavy.

In addition, even if all the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, are re-examineed, the sentence of the court below cannot be deemed unfair.

Therefore, the defendant's assertion is not accepted.

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

(However, among the reasoning of the lower judgment, the part on the “written judgment” in the separate sheet for the correction of the judgment is apparent to be an error in the “after the correction” of the above judgment, and thus, the judgment of the lower court is corrected in accordance with Article 25(1) of the Regulations on Criminal Procedure.