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(영문) 서울서부지방법원 2019.01.24 2018노1290
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below's punishment (two years of imprisonment and confiscation) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The lower court appears to have sentenced two years of imprisonment, considering the Defendant’s unfavorable circumstances and favorable circumstances.

There is no circumstance in which the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion in full view of the matters that are the conditions of sentencing, the applicable sentences, and the sentencing criteria, or it is recognized that maintaining the sentencing of the lower court is unreasonable.

In addition, considering the character, conduct, family relationship, the circumstances and result of the instant crime, etc. of the Defendant, the sentence of the lower court is appropriate and too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

4.In accordance with Article 25 of the Regulations on Criminal Procedure, ex officio rectification shall be made as follows:

The judgment below

Summary of Evidence

"1. Habituality" in the holding: The Act shall be deleted in light of the records of each crime, the number of crimes, the number of crimes, and the fact that the same kind of crimes are repeated in a planned and organized manner.

B. The application of the lower judgment is modified as follows.

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act ( point of larceny of a person who has been sentenced not less than three times to imprisonment) and Article 347-2 of the Criminal Act concerning criminal facts, as well as Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes for

1. Article 35 of the Criminal Act among repeated crimes (Offense of Fraud by Use of Computer, etc. on Board)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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