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(영문) 대전지방법원 2019.09.19 2019노1655
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The lower court’s imprisonment (one year and six months of imprisonment) is too unreasonable.

2. As stated in the reasoning of the lower judgment, the lower court determined the Defendant’s sentencing by fully taking account of the overall circumstances regarding the Defendant’s sentencing, and considering the records of the instant case and various sentencing conditions expressed in the trial process, the lower court’s sentencing did not seem to have exceeded the reasonable scope of discretion, and there is no change in the new sentencing conditions that can be deemed unfair to maintain the lower court’s sentencing as it is in the trial.

Therefore, it is not recognized that the sentence of the court below is too unreasonable because it is too large.

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

[However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the application of the provisions of the judgment of the court below ex officio, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 342 of the Criminal Act, and Article 319(1) of the Criminal Act, “Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4(5)1 of the Criminal Act, Article 329 of the Criminal Act, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act, Article 319(1) of the Criminal Act (a) of the Criminal Act)” shall be corrected as “a correction to “a person who commits a robbery of repeated crime

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