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(영문) 대전지방법원 2015.09.17 2015노1867
특정범죄가중처벌등에관한법률위반(절도)등
Text

All the defendant and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (two years of imprisonment) by the lower court is too unreasonable.

B. The court below’s sentence of the prosecutor (e.g., e., e., e., e., t

2. The judgment of the Defendant committed each of the crimes of this case even though the Defendant had been punished for the larceny crime, and at the same time, the Defendant committed the crime repeatedly for about six months, and the amount of damage is not certain, and there is no agreement with the victims.

However, there are extenuating circumstances, such as that the Defendant’s mistake is against himself/herself, and that he/she was prepared to return to society, such as passing a public notice of entry examination during the prison life resulting from a judgment subject to a retrial, etc. In full view of the purport of the Constitutional Court’s decision of unconstitutionality as to Article 329 of the Criminal Act as to Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and other various sentencing conditions such as Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, it is not deemed that the sentence

3. The Defendant and the prosecutor’s appeal are without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition, and pursuant to Article 25(1) of the Regulation on Criminal Procedure, “total 16 times” in Chapter 8 of the original judgment shall be corrected into “total 17 times”.

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