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(영문) 대전지방법원 2016.07.15 2015노3449

특수절도

Text

The defendant's appeal is dismissed.

Reasons

According to the record, even if the defendant filed an appeal against the lower judgment on November 3, 2015 and received a notice of receipt of the record of trial by serving a public notice from this court on June 11, 2016, he/she failed to submit a statement of reasons for appeal within 20 days, which is the period for submitting a legitimate reason for appeal, even though he/she received a notice of receipt of the record of trial by serving the public notice from this court, and the petition of appeal does not contain the reasons for

However, since the notice of receipt of court records was served on the defendant by means of public notice, it is examined whether the judgment of the court below is a crime and sentencing for the benefit of the defendant.

① Examining the evidence duly adopted and examined by the original court in comparison with the evidence, the lower court’s judgment convicting the Defendant of the instant facts charged is justifiable; ② Furthermore, the lower court’s sentence that sentenced the Defendant for six months is too unreasonable in light of the sentencing conditions, including the fact that the Defendant had no record of criminal punishment, and that the amount of damage to the special larceny of this case is not significant.

The defendant's appeal shall be dismissed by decision in accordance with Article 361-4 (1) of the Criminal Procedure Act. However, since the judgment of the court below is judged after pleading, the judgment of the court below is dismissed by decision. It is so decided as per Disposition.