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(영문) 광주지방법원 2018.06.27 2018노1201
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the defendant is recognized that his mistake is divided, and most damages caused by the crime of this case have been recovered.

However, it is not good that the crime of this case is committed, the defendant committed again during the period of repeated crime of the same kind even though he had been tried for the same kind of crime, and the statutory penalty of this case is imprisonment with prison labor for not less than two years but not more than 20 years, and the court below sentenced one year to the least amount of imprisonment after the aggravation of repeated crime and mitigation of amount, and considering the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, it is not recognized that the court below's punishment is too unreasonable. Thus, the above assertion by the defendant is without merit.

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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