beta
(영문) 전주지방법원 2020.04.28 2020노349

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The following facts are revealed: (a) the Defendant has led to the confession and reflect of all of the instant crimes; (b) the partial recovery of damage, or certain victims do not want punishment; (c) economic difficulties are favorable to the Defendant; (d) on the other hand, in light of the circumstances favorable to the Defendant, including the background of the instant crimes and the frequency and details of the instant crimes; (b) there is no agreement with some victims up to the trial; (c) the criminal records of the same larceny have reached ten times and there are several criminal records of the same kind of violence. In particular, on January 12, 2018, the Defendant committed the instant crime during the period of repeated crime after having completed the execution of the sentence on August 24, 2018 after having been sentenced to imprisonment with prison labor for larceny from the Jeonju District Court Branch of the Republic of Korea on January 12, 2018; and (d) the Defendant’s age, character, environment, and circumstances before and after the instant crimes, etc., the lower court’s punishment against the Defendant is too unreasonable.

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