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(영문) 광주지방법원 2017.11.16 2017노3441

절도등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the defendant has no domestic criminal history, the victim D's damage was restored, and the defendant both recognized his/her mistake and reflected against him/her is a favorable condition for the defendant.

However, there are various circumstances shown in the arguments of this case, such as the fact that the defendant organized and shared the crime, the victim F is considerably serious and the damage has not been recovered, and the age, sex, environment, motive and consequence of the crime, the motive and consequence of the crime, and the scope of the recommended punishment according to the sentencing guidelines (one year and six months to eight years).

(a) Where he/she systematically shares the aggravated area (one year to six years), (one year to four years), of the aggravated area (one year to four years), of the larceny in general property (the scope of recommended punishment);

(b) Where he/she systematically shares the crimes of Type 2 (victim F) (Extent of recommending punishment / [Extent of recommending punishment] general property in the area of special aggravation (one year to six years), (one year to six years), [special aggravation] in the area of special aggravation (special aggravation], and where he/she is considerably serious personal damage and whose damage has not been recovered;

C. Scope of recommended punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for one year and six months to eight years, the lower court’s punishment is too large and is not deemed unfair, and thus, the Defendant’s assertion is not acceptable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.