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(영문) 서울남부지방법원 2016.01.22 2015노1517
특수절도
Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the punishment for six months sentenced by the court below is too unreasonable in light of the following circumstances: (a) the defendant is against the defendant; (b) the crime of this case is the concurrent crime by the latter part of Article 37 of the Criminal Act; (c) the amount of damage is limited to KRW 150,000; and (d) the amount of the crime of this case is directed at living; and (c) the

Considering the following circumstances: ① the statutory penalty of the instant crime is imprisonment with prison labor for not less than one year but not more than ten years; ② the Defendant has been punished five times prior to the instant case; ③ the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the instant crime; and the circumstances after the commission of the instant crime, etc., the sentence imposed by the lower court is appropriate, and it does not seem unfair as it is excessively unreasonable, by taking into account the following circumstances: (i) the statutory penalty of the instant crime is imprisonment with prison labor for not less than one year but not more than ten years; (ii) the Defendant has been punished five times prior to the instant case; and (iii) the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the crime; and (iv)

Therefore, Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. However, inasmuch as it is obvious that the “Article 331 of the Criminal Act” in the relevant provision of the Criminal Procedure Act concerning criminal facts among the application of the law of the lower judgment is a clerical error in the “Article 331(1) of the Criminal Act”, the ex officio correction is made under Article 25 of the Regulation on Criminal Procedure.

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