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(영문) 서울중앙지방법원 2017.03.09 2016노5402
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (three years of imprisonment) is too unreasonable.

2. Although the Defendant led to the confession of the instant crime, the Defendant repeatedly committed the instant crime during the period of repeated crime even though he/she was sentenced several times by means of a method similar to the instant crime, with respect to the elderly, even though he/she was sentenced to the punishment on several occasions, and the amount of the instant crime was a large amount of damage, and other various circumstances, which are the conditions for sentencing as indicated in the records, such as the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, do not seem to be unfair because the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

However, the summary of the judgment of the court below is as follows: (1) "T" in the part of "2016 Highest 6490" in the summary of the evidence is a clerical error of "H"; (2) "Article 35 of the Criminal Act aggravated for repeated crime" in the application of the pertinent provision of the Act on the Punishment of Criminal Crimes in the original judgment is omitted; and (3) "proviso to Article 42" in the part concerning aggravated punishment is omitted; (4) pursuant to Article 25 (1) of the Rules on Criminal Procedure, the above "T" (No. 7 of the judgment of the court below, No. 3 of the court below) is deemed as "H"; and (2) pursuant to Article 25 (1) of the Act related to the above crime (No. 8 of the Act on the Punishment of Cumulative Crimes, Article 35 of the Criminal Act is added; and (3) The proviso to Article 50 (Attachment) of the above part concerning aggravated punishment shall be added to "Article 42 of the Criminal Procedure Act."

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