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(영문) 대구지방법원 2018.03.22 2018노411

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (4 months of imprisonment) is too large and unfair.

2. In full view of the following circumstances: Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime; circumstances after the crime; and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the judgment; the sentencing of the lower court is not unfair.

3. The Defendant’s appeal is without merit, and thus, is dismissed under Article 364(4) of the Criminal Procedure Act (Provided, That the lower court’s judgment’s dismissal under Article 25(1) of the Criminal Procedure Act, on the ground that it is clear that the Defendant had an erroneous office of “ January 15, 2016,” which is “Article 25(1) of the Rules on Criminal Procedure,” which is “Article 25(1) of the Criminal Procedure Act.”