logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.03.26 2017노3623
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The defendant recognized each of the crimes of this case as committing each of the crimes of this case, and there is a serious damage for each of the crimes of this case.

The fact that it is difficult to see is favorable to the defendant.

However, on April 20, 2016, the Defendant was sentenced to one year and six months of imprisonment due to larceny of a structure at night, etc. and committed each of the instant crimes again on June 4, 2017 without being aware of the fact that the execution of the instant punishment was completed during the repeated crime and only three months after being released therefrom, and the instant crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes cannot be sentenced to a fine provided only for “two to twenty years” as the statutory penalty is a serious crime, for which the sentence cannot be imposed, and the sentence of a sentence is inevitable due to the cause for the suspension of the execution of a sentence. The lower court, taking into account the favorable circumstances in which the Defendant had already been sentenced to the maximum sentence among the applicable sentences under the law, including the Defendant’s age, sex, environment, circumstances surrounding each of the instant crimes, the circumstances surrounding each of the instant crimes, and the circumstances following each of the instant punishment after the crime, is unreasonable, and thus, the lower court’s assertion is unreasonable.

3. In conclusion, 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.

arrow