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(영문) 서울동부지방법원 2017.10.20 2017노1182

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of one year and six months, which the court below decided against the defendant, is too unreasonable.

2. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court’s sentencing on the Defendant appears to have been appropriately determined by fully considering all the circumstances, including the various reasons for sentencing asserted by the Defendant, and there are no special circumstances to the extent that the above punishment is modified.

In the end, the defendant's argument of sentencing is not acceptable.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 342 of the Criminal Act and Article 42 of the Criminal Act in the end of the pertinent legal column for the crime subject to the applicable part of the judgment of the court below is obvious that the omission of "1. Aggravation of repeated crime of Article 35 and the proviso of Article 42 of the Criminal Act" in the upper part of the corresponding legal column for the crime subject to the applicable part of the judgment of the court below is a clerical error due to each error, and therefore, it is corrected that it is added ex officio in accordance with Article 25 (1) of the