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(영문) 광주고등법원 2013.06.13 2013노134
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the accused (three years of imprisonment) is too unreasonable;

2. According to Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which applies to the instant crime, the statutory penalty is imprisonment for life or for not less than six years. Therefore, in the instant case where no legal grounds for mitigation exist, the three-year imprisonment with prison labor sentenced by the lower court to the Defendant constitutes the lower sentence with prison labor for discretionary mitigation.

Ultimately, the sentence of the lower court is impossible to sentence the lower court to the lower court that constitutes the lowest sentence that can be sentenced to the Defendant who committed the instant crime (a repeated crime that prevents the suspension of execution).

Therefore, the defendant's assertion that the sentence of the court below is too unreasonable because the sentence is too low and the sentence is sentenced to a lower sentence is not acceptable.

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

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