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(영문) 대전지방법원 2020.05.20 2020노811
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is merely 13,00 won and is very insignificant. Considering the fact that there are circumstances that may be considered in light of the circumstances leading to the crime of causing property damage, the lower court’s punishment against the Defendant (one year of imprisonment) is too unreasonable.

2. In light of the above circumstances asserted by the Defendant as an element of sentencing favorable to the trial at the trial, the Defendant not only had the history of having been subject to criminal punishment several times due to the thief crimes in the past, but also had been sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Ulsan District Court on November 30, 2018, which was at the end of the enforcement of the sentence and was during the repeated crime on October 21, 2019, but committed the thief crimes in this case. Furthermore, the lower court’s punishment is the lowest sentence after reducing the statutory penalty prescribed in the Act on the Aggravated Punishment, etc. of Specific Crimes, including the Defendant’s age, character and behavior, environment, motive for the crime, and circumstances after the crime, etc., it is not recognized that the lower court’s sentencing judgment was too unreasonable and exceeded the reasonable scope of discretion.

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.

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