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(영문) 서울북부지방법원 2015.05.28 2015노489
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two months of imprisonment and confiscation) is too unreasonable.

2. Although the judgment of the court below is based on the defendant's mistake and reflects in depth the defendant's health, suffering from a astronomical life, which is bad, has been prevented from committing each of the crimes of this case due to lack of living expenses while living expenses. One eye appears to be hard to work, and after release, the defendant is able to liquidate and self-support through self-support activities operated by the Dong Office. However, the defendant has already been punished by imprisonment with prison labor, suspension of the execution of imprisonment with prison labor, etc. over several occasions due to the agreement, etc., and there is a need to consider the balance of sentencing between co-defendant C and the defendant, who is an accomplice, and considering other various circumstances, such as the motive and background leading up to each of the crimes of this case, the circumstances before and after the crimes, the defendant's age, character and behavior, occupation, and family relationship, etc., the punishment of the defendant sentenced by the court below is too inappropriate.

3. As such, 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.

However, in the application of the law of the court below, it is clear that the "Article 331 (2) of the Criminal Act" of the "Article 331 (2) of the Criminal Act" is an erroneous error in the "Article 331 (2) and (1) of the Criminal Act". Thus, it is corrected ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.

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