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(영문) 광주지방법원 2021.03.11 2020노3156

절도미수등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. However, the fact that the defendant confessions all of the crimes of this case and reflects the fact that the defendant appears to be a living offender, and that the fraud damage has not been realized even though it appears to be a reason for sentencing favorable to the defendant.

On the other hand, it is not only a great harmful effect on society, but it is not easy to eradicate as a crime that is carried out systematically secret, so the necessity of strict punishment for the participants is gaining social consensus.

The crime committed by the defendant is a large number of good victims, and the damage is realized, and it is virtually impossible to recover the damage, and the adverse effect of crime damage is serious, so it is necessary to punish the defendant cryptly, so it is necessary to put the light in society.

Furthermore, the Defendant was involved in the instant crime while illegally staying in Korea, and the conclusion of the lower court that the Defendant was subject to criticism is determined to be a choice within the proper sentencing range.

In this context, considering the equity of punishment with similar criminals, and in light of all the sentencing conditions in the records of this case, such as the defendant's age, sex, family environment, etc., the sentence of the court below against the defendant is too unreasonable.

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