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(영문) 광주지방법원 2018.11.28 2018노2840

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. The judgment of the defendant is recognized that the defendant repents his mistake, and that the defendant does not have the same criminal record.

However, considering the fact that the nature of the crime of this case is not good, that the defendant is tried for another crime or committed repeatedly during the suspension of execution, that the frequency of the crime of this case reaches several times, and the amount of damage was considerable, but the damage was not recovered or agreed up to the trial, and the sentencing balance between the same crime and the accomplice B, and other conditions of sentencing specified in the argument of this case, such as the defendant's age, sex and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the court below's sentence is too unreasonable. Thus, the above argument by the defendant is not reasonable.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure, since the defendant's appeal is clearly erroneous in the judgment below, conduct No. 6-7, conduct No. 3, conduct No. 10-11, and conduct No. 16-17, respectively.