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Escopics
Defendant
Appellant. An appellant
Defendant
Prosecutor
Kim Yong-ju
Defense Counsel
Attorney Kim Jong-woo (Korean)
Judgment of the lower court
Busan District Court Decision 2006Gohap174 Delivered on June 23, 2006
Text
The defendant's appeal is dismissed.
The number of days of confinement before the pronouncement of this judgment shall be 89 days in the penalty of the original judgment.
Reasons
The summary of the grounds for appeal by the defendant is that the punishment sentenced by the court below (three years of imprisonment) is too unreasonable.
However, the defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on April 12, 2004 and sentenced to one year and six months on July 31, 2005, and was released from prison on July 31, 2005, 100 times, and only 10 years have passed since the completion of the final sentence, and again committed each of the crimes of this case since 1 year has not passed after the execution of the final sentence, 5 times or more, and 6 years have passed since the crime of larceny was committed. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes committed by the defendant is sentenced to imprisonment with prison labor for life or 6 years or more, and the court below sentenced three years which is the lowest punishment, which is sentenced to imprisonment with prison labor for a limited term as stated in its judgment, considering the defendant's age, character and conduct, environment, family relationship, motive and consequence of each of the crimes of this case, and the defendant's depth and circumstances after the sentence were considered.
Therefore, the defendant's appeal is dismissed on the grounds that it is without merit, and 89 days of confinement prior to the pronouncement of this decision shall be included in the penalty of the original judgment.
Judges sexually written(Presiding Judge)(Presiding Justice)