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(영문) 광주지방법원 2018.10.10 2018노2319
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. It is recognized that the Defendant’s mistake is divided, that the Defendant’s health is not good for the aged, and that the instant crime is in the concurrent crime relationship between larceny for which a judgment became final and conclusive and a group’s concurrent crimes after Article 37 of the Criminal Act, and that the equity should be considered with the case where a judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act.

However, in light of the fact that the crime of this case is not good, the defendant committed again during the suspension period of execution for the same kind of crime even though he had been tried at several times, and the damage or agreement has not been reached to the trial of the case, and the sentencing balance with the defendant's age, sex and environment, motive, means and consequence of the crime, etc., the court below's punishment is too unreasonable since the defendant's above assertion is not reasonable, considering the conditions of sentencing specified in the argument of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime.

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.

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