beta
(영문) 광주지방법원 2019.07.02 2019노1217

야간건조물침입절도

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) of the lower court is too unreasonable.

2. The circumstances are favorable for the following: (a) the Defendant recognized the instant crime; (b) the amount of theft damage is a small amount; (c) the amount of cash 88,000 won was returned to the victim; and (d) the victim did not want the punishment of the Defendant.

On the other hand, the fact that the defendant was sentenced to imprisonment with prison labor for the same kind of crime and commits the crime of this case at the same time during the suspension period is disadvantageous.

There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and in full view of various sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, family relationship, circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

3. As such, 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.