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(영문) 광주지방법원 2019.03.27 2019노41

상습절도

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The circumstances favorable to the defendant include: (a) the defendant's mistake and reflects his fault; and (b) the fact that part of the damage caused by each of the crimes of this case was returned to the victims.

However, considering the various sentencing conditions shown in the arguments of this case including the fact that the defendant had been punished for the same crime two times, and that the defendant committed each of the crimes of this case again during the period of the suspension of imprisonment for the same crime, and there is no change in the sentencing conditions compared with the original court, it cannot be deemed that the sentence of the court below is too unreasonable. Therefore, the above argument of the defendant is without merit.

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