logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.03.26 2019노3720
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (two years of imprisonment) is too unreasonable;

2. The fact that the judgment was agreed with some victims, reflects the fact that the theft amount was not significant, is favorable to the defendant.

However, in full view of various sentencing conditions in the pleadings of the instant case, including the fact that the Defendant had been sentenced several times to imprisonment with prison labor for the same crime, and the Defendant committed the instant crime during the repeated crime period, the Defendant was arrested on June 11, 2019 and was released on June 11, 2019 and again released on October 3, 2019, and there is no change in the sentencing conditions after the sentence of the first instance court, it cannot be said that the sentence imposed by the lower court is too unreasonable.

3. The appeal by the defendant is dismissed on the grounds that the appeal by the defendant is without merit. However, since Articles 330 and 342 of the Criminal Act are clear that it is a clerical error in the "Article 331 of the Criminal Act" in the application of applicable laws and regulations of the court below, it is corrected ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.

arrow