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(영문) 광주지방법원 2016.07.26 2016노1735

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The Defendant committed the instant crime during the period of repeated crime due to the same crime, and was punished by imprisonment three times for committing the same crime.

In addition, since the defendant damaged the window locking device of another's residence at night and intruded it several times and stolen it, the crime liability is heavy, and the risk of the crime is high.

The defendant, due to the crime, has caused damage to the victims by the amount of KRW 6.2 million, and did not completely recover from the damage caused by the crime.

In full view of these facts, the sentence of the Defendant’s sentence is inevitable, and it is not recognized that the lower court’s sentence of 2 years and 6 months is unfair because the Defendant’s imprisonment with labor is too large.

Therefore, the defendant's appeal is without merit.

3. In conclusion, 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 without merit. It is so decided as per Disposition.