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Escopics
Defendant
Appellant. An appellant
Defendant
Prosecutor
Dried iron metal
Defense Counsel
Attorney Kim Jong-hwan (Korean)
Judgment of the lower court
Daejeon District Court Decision 2005Ma2901 Delivered on December 8, 2005
Text
The defendant's appeal is dismissed.
45 days from the number of days under confinement prior to the pronouncement of this judgment shall be included in the penalty of the original judgment.
Reasons
1. Summary of grounds for appeal;
In light of the fact that the defendant's depth is against, the sentence of imprisonment (one year and six months of imprisonment and fine of 300,000 won) of the court below is too unreasonable.
2. Determination
In addition, the defendant repeated the same criminal acts during the period of repeated crimes, and the statutory penalty for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is "a life imprisonment or a limited term of not less than three years" and even if mitigated, the sentence imposed by the court below should be sentenced to imprisonment for a term of not less than one year and six months, and considering the contents and circumstances of the crime in this case, including the minimum punishment, the circumstances before and after the crime, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, character, behavior and environment, even if considering the circumstances claimed by the defendant, the sentence imposed by the court below is deemed appropriate, and therefore
3. Conclusion
Therefore, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act, and 45 days out of the number of days under confinement prior to the pronouncement of this judgment shall be included in the punishment of the original judgment, and it is so decided as per Disposition.
Judges Dok-man (Presiding Judge) Full-time correspondence