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(영문) 서울중앙지방법원 2020.08.21 2020노1354
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.

2. The defendant shows his attitude to recognize and reflect all crimes.

However, even though the defendant was sentenced to larceny punishment four times, he/she repeated the crime during the period of repeated crime.

The lower court sentenced a sentence lower than the statutory minimum statutory penalty for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, after discretionary mitigation in consideration of the circumstances favorable to the Defendant.

In addition, considering the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the punishment sentenced by the court below cannot be deemed to be too unreasonable.

Defendant’s assertion is without merit.

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) In accordance with Article 25(1) of the Regulation on Criminal Procedure, Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes is amended ex officio, and Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes is amended in the column of application of the law of the court below.

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