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(영문) 광주지방법원 2018.09.04 2018노1664
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and two months of imprisonment and one month of imprisonment with prison labor for the crimes of Nos. 3 and 4 as indicated in the holding of the lower court) is too unreasonable.

2. The judgment of the Defendant recognizes all of the instant crimes, and is contrary to the nature of the crime, and the crime of forging a private document and uttering of a falsified document ought to be taken into account the equity between the case where the judgment was rendered and when the judgment was rendered.

However, the crime of this case was committed seven times by the Defendant repeated the thief and intruded upon the structure in the process, and it is not good that the crime of this case was committed with forgery of private documents and the use of falsified documents and the crime of fraud.

The defendant has been punished more than two times due to the same crime, and even though he is a repeated crime, he committed the crime of this case.

In particular, it did not reach an agreement with the victims or pay damages until the party's trial.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not recognized as unfair because it is too unreasonable.

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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