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(영문) 전주지방법원 2013.07.12 2013노510
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the first offense: imprisonment with prison labor for 2 months, and the second offense: imprisonment with prison labor for 6 months) declared by the court below is too unreasonable.

2. The judgment recognizes the crime of this case and seriously reflects the defendant's mistake. In accordance with Article 39 (1) of the Criminal Act, the equality between the crimes of this case and the crimes of Article 1 of the judgment of the court below and the crimes of Articles 2 and 2 of the judgment of the court below which became final and conclusive on March 30, 2013 under Article 39 (1) of the Criminal Act shall be taken into consideration at the same time. However, even though the defendant had the past record of punishment several times for the same crime, he/she committed some of the crimes of this case while he/she was under the suspension period of the execution of imprisonment sentenced to imprisonment for the same kind of crime, even though he/she was sentenced to several times for the same crime, and the defendant did not reach an agreement with the victims, and other various circumstances that form the conditions for sentencing in this case, it is not recognized that the sentence of the court below is too unreasonable since the defendant's above assertion is not reasonable

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

(However, since it is obvious that " January 10, 201" in paragraph (1) of the crime of the lower judgment is a clerical error in the phrase " December 10, 201," it shall be corrected ex officio.

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