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(영문) 서울중앙지방법원 2018.10.18 2018노2082
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one month of imprisonment and two years of imprisonment) is too unreasonable.

2. The circumstances on which the lower court’s sentencing was based on the Defendant’s assertion that the sentencing was unfair were set out during the pleadings of the lower court, and the lower court, taking this into account, determined the sentence.

In full view of all the sentencing conditions stated in the records of the instant case, including the Defendant’s age, sex, family relation, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, the sentence of the lower court cannot be deemed to be unfair merely because the sentence imposed by the lower court is too unreasonable.

3. The Defendant’s appeal is without merit and thus dismissed pursuant to Article 364(4) of the Criminal Procedure Act. However, as there are obvious errors in the part of “1. concurrent crimes mitigation” of the reasoning of the lower judgment, this part of the lower judgment is reversed as follows.

[Supplementary Grounds for Dismissal] Application of Acts and subordinate statutes

1. The latter part of Article 39 (1) of the Criminal Act and Article 55 (1) 3 of the same Act to mitigate concurrent crimes;

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