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(영문) 대전지방법원 2016.08.11 2015노2493
절도등
Text

The defendant's appeal is dismissed.

Reasons

According to the records, even if the defendant filed an appeal against the lower judgment on July 27, 2015 and served a notice of receipt of the records of trial on April 21, 2016 on the receipt of the records of trial by serving a public notice from this court, he/she did not submit a statement of reasons for appeal within 20 days, which is the period for submitting the legitimate reasons for appeal, and the petition of appeal does not contain the reasons for appeal, and the reasons for ex officio examination on the records cannot be

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 that found the Defendant guilty of the instant facts charged is justifiable. Furthermore, the lower court’s sentence that sentenced the Defendant for 8 months or 2 years of imprisonment with prison labor is too unreasonable, considering the sentencing conditions, such as the fact that the Defendant was sentenced twice to imprisonment with labor for property-related crimes, the victim D was not punished, and the victim E and G was relatively small.

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.

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