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(영문) 대전지방법원 2018.07.19 2018노1331
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of reasons for appeal: The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. The lower court determined the Defendant’s punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to newly consider in the trial of the Party.

The total amount of damage in the instant case exceeds 28 times in total, and the lower court appears to have given maximum preference within the scope of the applicable sentences. The statutory penalty for the instant crime is stipulated as “a prison term of not less than two years but not more than 20 years,” and where the amount of punishment is mitigated after the aggravation of repeated crimes and the aggravation of concurrent crimes, the scope of the applicable sentences is “a prison term of not less than one year but not more than 25 years”.

The lower court sentenced the Defendant, at its discretion, one year of imprisonment with prison labor, which is the lowest sentence that could be sentenced after mitigation of the amount of punishment.

Considering the circumstances of the defendant's assertion on the grounds of appeal, the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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