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(영문) 전주지방법원 2021.02.04 2020노1875

절도

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (four months of imprisonment) of the lower court is too unreasonable.

2. The judgment shows the attitude of the defendant to repent and reflect each of the crimes of this case, and the damaged articles were returned to the victim at the investigation stage, and the victim was paid KRW 2 million to the victim at the trial stage of the court below and agreed with the victim.

However, the crime of this case is committed with the knowledge of the circumstances where the defendant had a tools at the construction site, and the total amount of damage equivalent to 1.250,000 won entering the construction site above, and the method of the crime is not good in light of the crime. The defendant was sentenced to imprisonment with prison labor for 10 months as a crime of intrusion upon residence at the support of the Southern District Court of the Jeonju on January 29, 2019, and two years as of February 8, 2019, and the judgment became final and conclusive on July 7, 199, and the defendant committed the crime of this case without prison labor for 2 years and 6 months as of July 7, 195, suspension of execution, ② imprisonment with prison labor for 2 years as of June 5, 196 with prison labor for 10 years from the Jeonju District Court and 20 years from the Seoul District Court, and 30 years from the Seoul District Court's imprisonment with prison labor for robbery to 14 years from the Seoul District Court.

3. Thus, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.