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(영문) 광주지방법원 2015.09.17 2015노1751
절도
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (10 months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant repents his mistake and reflects his wrong, and that the defendant does not repeat the crime, and that the amount of damage caused by the crime of this case is not more than 2.60,000 won in total, are favorable circumstances.

However, the Defendant had the record of having been punished several times for the same crime, and the Defendant was sentenced to a fine by putting the theft during the period of parole after parole while being sentenced for the execution of imprisonment for the same crime. In particular, even though the period of repeated crime due to the same kind of crime has been repeated, the victims have not been reimbursed until now, the court below seems to have taken into account the circumstances favorable to the Defendant, and there is no change in the circumstances that may be considered newly after the decision of the court below. The Defendant’s age, character and behavior, environment, background and consequence of the crime of this case, and the first crime [the scope of recommendations] of the sentencing guidelines for the enactment of the Supreme Court Sentencing Commission (10 months to three years from imprisonment) and the first crime [the scope of recommendations] of the aggravated area (10 months from 2 years from 10 to 2 years from 10 years from 2] of the Act on Theft for general property / [the scope of aggravated punishment for a repeated crime] of general property / [the scope of aggravated punishment for two months from 2 months to /10 years from ] of aggravated punishment for the above.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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