beta
(영문) 대전지방법원 2020.12.16 2020노3396

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that the Defendant’s mistake is against the depth while committing the instant crime, and that the amount of damage is relatively minor and that some amount of damage was returned to the victim, the sentence of the lower court (one year of imprisonment) is too unreasonable.

2. In light of the above circumstances asserted by the Defendant as an element of sentencing favorable to the trial at the trial, the Defendant was sentenced to several criminal punishment for the thief crimes in the past, and on September 17, 2018, in Daejeon District Court sentenced the Defendant to two years of imprisonment for the thief crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Act on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Daejeon District on September 17, 2018, and committed the instant crime on August 7, 2020. Furthermore, the lower court’s sentence is the lowest sentence after reducing the statutory penalty for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (However, as seen earlier, the lower court sentenced the Defendant one year of imprisonment with prison labor for the Defendant, but omitted the applicable provisions related to discretionary mitigation), and it is not recognized that the lower court’s judgment is too excessive beyond the reasonable scope of discretion, considering the two reasons indicated in the records in the instant case, including the Defendant’s age, character, character, character, motive, motive, motive, motive, and motive, and circumstances.

3. In conclusion, the defendant's appeal is without merit and is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. However, since it is apparent that "Article 35 of the Aggravation of 1. Aggravation of Cumulative Cumulative Offense" was omitted from among "Article 35 of the Criminal Procedure Act" in the judgment of the court below, it is obvious that "Article 53 and Article 55 (1) 3 of the Criminal Procedure Act is omitted," it is corrected to add it ex officio in accordance with