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(영문) 전주지방법원 2019.10.17 2019노1087
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal - The sentence of the lower court (the imprisonment of four months for the crime Nos. 1 through 8 of the list of crimes in the original judgment, and the imprisonment of two months for the remaining crimes) is too heavy.

2. There is no change in circumstances in the trial concerning the sentencing of the judgment, and the lower court has already determined the punishment by fully taking account of all circumstances that the Defendant already asserted as the grounds for appeal.

In particular, in full view of the sentencing grounds cited by the lower court including the fact that the Defendant committed the instant crime during the period of repeated crimes, such as the criminal records of the lower judgment, and other various sentencing conditions indicated in the records of the instant case, including the Defendant’s age, character and conduct, environment, and circumstances of the crime, it does not seem to have exceeded the reasonable scope of discretion in sentencing due to the fact that the lower court’s punishment is too unreasonable.

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 on the ground that it is without merit. It is so decided as per Disposition.

[However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, Article 35 of the Criminal Act is amended ex officio to add "Article 35 of the Criminal Act" to "Article 35 of the Criminal Act among "Article 25 (1) of the Rules on Criminal Procedure".

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