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(영문) 서울남부지방법원 2015.01.08 2014노1347
특정범죄가중처벌등에관한법률위반(절도)등
Text

All appeals by the defendant are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., punishment (i., imprisonment with prison labor for the first instance court: 3 years; 2. 1 million won): it is too unreasonable that the sentence (i.e., imprisonment with prison labor for the second instance court); and

2. Two judgments of the lower court were consolidated in the trial but sentenced to imprisonment with prison labor and fines for each term.

The grounds for appeal against each judgment are divided.

A. We examine the judgment of the first instance court with the sentencing conditions as shown in the instant records and pleadings, and the reasons for sentencing of the judgment of the lower court, and it cannot be deemed that the first instance court’s sentence is too unreasonable.

B. In light of various sentencing conditions indicated in the records and arguments of this case, such as the fact that the defendant had been punished several times due to the same kind of crime, the fact that the defendant again committed the instant crime after completing the execution of imprisonment with prison labor for the same kind of crime, and the fact that the method of receiving the instant crime is not good, etc., it is not recognized that the second instance court’s punishment is too unreasonable.

3. All appeals by the defendant are without merit, and all appeals by the defendant are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(The first and second original judgments were sentenced to a different sentence, and each appeal shall be dismissed as it is in the first and second original judgments. However, in accordance with Article 25 of the Regulation on Criminal Procedure, the phrase “AL” in the third and fourth parts of the first and second original judgment shall be corrected to read “DC”.

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