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(영문) 전주지방법원 2018.11.29 2018노962
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the charge of assaulting the Defendant among the facts charged.

The prosecutor did not appeal the judgment of the court below as to the guilty portion among the judgment below, and only the defendant appealed for the reason that the sentencing was unfair.

Therefore, since the court below's decision dismissing the public prosecution against the defendant is separated and finalized, it is excluded from the scope of the judgment of this court.

Ultimately, among the judgment of the court below, only the guilty portion of the defendant belongs to the scope of the judgment of this court.

2. The summary of the grounds for appeal - The lower court’s punishment (one year and six months of imprisonment, a fine of KRW 1,000,000) is too heavy.

3. There is no change in the sentencing conditions compared with the original judgment because the new sentencing data was not submitted in the trial at the lower court. In full view of the sentencing grounds cited by the lower court and other various sentencing conditions indicated in the records of the instant case, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, the lower court’s punishment is too excessive and is in excess of the reasonable scope of discretion.

It does not seem that it does not appear.

Therefore, the defendant's argument of sentencing is not accepted.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the court below (Article 25 of the Regulation on Criminal Procedure; Article 329 of the Criminal Act, Article 70 (1) 3 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 of the Criminal Act, and Article 329 of the Criminal Act, Article 70 (1) 3 of the Criminal Act, Article 70 (1) 3 of the Act on the Financial Business Specializing in Credit Business, Article 347 (1) of the Criminal Procedure Act, Article 347 (1) of the Criminal Act (the use of credit card, the choice of imprisonment), Article 347 (1) of the Criminal Act (the fact that fraud is committed, and the rest of imprisonment with prison labor is selected).

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