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(영문) 의정부지방법원 2019.09.05 2019노1391
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: Sentencing (the original court shall be punished by imprisonment with prison labor for a period of one year and six months and by a fine of three hundred thousand won);

2. The lower court determined a sentence by comprehensively taking into account the following circumstances and the matters stipulated in Article 51 of the Criminal Act. A person under way: The record of juvenile protective disposition or criminal punishment for a multiple same kind of crime, and a mitigated person for a same repeated crime period: Confession and reflectivity, social early birth, recovery of the stolen lebane, and the reason for the sentencing of the Defendant’s claim in the trial of a party, such as the recovery of the stolen lebane, are considered as having already been sufficiently taken into account, and the judgment of the lower court does not seem to have exceeded the reasonable scope of discretion.

In addition, there is no circumstance to determine that the conditions of sentencing were changed in the trial, so it is reasonable to respect the sentencing of the court below.

Therefore, we cannot accept the defendant's argument during the sentencing.

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

(However, Article 152 subparagraph 2 of the Road Traffic Act shall be amended in accordance with Article 25 of the Regulations on Criminal Procedure by "Article 154 subparagraph 2 of the Road Traffic Act" in the column of the application of the law of section 4 of the judgment of the court below clearly that

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