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(영문) 광주지방법원 2019.07.11 2019노1164
절도등
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 circumstances favorable to the Defendant include the fact that the Defendant made a confession of all crimes, the amount of damage is relatively small, and a part of the damaged goods has been returned to the victim.

On the other hand, even though the defendant has been sentenced eight times due to the same type of larceny, etc., and is in the period of repeated crime for the same kind of crime, the defendant committed the same crime over several times, and the defendant started to commit the crime since he was released from the South Korean prison, and the damage has not been recovered at all.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., as well as the sentencing guidelines (one year to two years) established by the Sentencing Committee, etc., 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 conclusion is groundless.

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