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(영문) 대전고등법원 2019.10.18 2019노317
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable;

2. The lower court: (a) took into account the favorable circumstances, such as the fact that the Defendant was sentenced to a punishment for the same kind of crime and the Defendant committed each of the instant crimes in the absence of agreement with the victims of the instant crime; (b) the Defendant’s age of 73 years and recognized each of the instant crimes; and (c) the total amount of damage from the instant crime was not large; and (d) certain damage was temporarily returned to the victim; and (b) took into account various sentencing conditions as indicated in the public trial, such as the Defendant’s character and behavior, environment, motive and background of the instant crime, and circumstances after the crime, etc., and determined the Defendant’s punishment for the Defendant by imprisonment with prison labor for not more than two years and six months.

In full view of the conditions of sentencing and the recommended sentencing guidelines set by the Sentencing Committee of the Supreme Court, there is no change in the conditions of sentencing that can be deemed unfair to maintain the judgment of the court below as it is, rather than deeming that the judgment of the court below exceeded the reasonable bounds of its discretion.

Therefore, it cannot be deemed that the sentence of the court below is too unreasonable because it is too unreasonable.

Defendant’s assertion is not accepted.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is groundless. It is so decided as per

(However, the court below's 8th 8th e.g., "12 years and 6 months" is clear and correct ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure because it is clear that there is a clerical error of "25 years or less".

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