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(영문) 광주지방법원 2018.09.13 2018노2223
상습절도등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the defendant recognized his mistake and reflected his mistake is favorable.

On the other hand, in light of the applicable law of each of the crimes of this case and the amount of damage, etc., there is a significant nature of the crime; the defendant was subject to several criminal punishment; the defendant again committed the crime of this case despite having been sentenced to the suspension of the execution of imprisonment due to the same kind of crime; the agreement and other measures to recover damage was not taken; and the circumstances after the crime were committed, such as the long-term escape and the arrest was not good.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. 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 groundless.

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