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(영문) 광주지방법원 2018.04.24 2018노906
특정범죄가중처벌등에관한법률위반(절도)등
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 of imprisonment) is too unreasonable.

2. A favorable circumstance is that the Defendant recognized the instant crime and reflected the instant crime, and that the value of the damaged goods is not relatively large, or that some damaged goods were returned to the victim.

However, there are many criminal records for the defendant, and theft of things by intrusion upon another person's residence, which are not good in light of the criminal law, and the crime of this case is committed during the period of repeated crime due to the same criminal record.

In full view of the records and arguments of this case, there is no special circumstance or change of circumstances that can be newly considered in the trial of the party, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, family relationship, circumstances after the crime, etc., the lower court's punishment is too unreasonable.

Defendant’s assertion is not accepted.

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 without merit. It is so decided as per Disposition.

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