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(영문) 광주지방법원 2021.02.04 2020노2835
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (one year of imprisonment, confiscation) is too unreasonable.

2. The crime of this case is a crime of so-called “singing” and requires strict punishment due to serious social disorder, and the fact that the amount of damage in this case is not significant is disadvantageous to the Defendant.

On the other hand, most of the damages in this case were returned to the victim, etc. are favorable to the defendant.

In comparison with the judgment below, there is no particular change in the above sentencing conditions, and in full view of the reasons for the sentencing revealed in the proceedings of the present case, such as balance with the sentencing with the same kind of crime, the age, criminal defendant's age, sexual conduct, motive for the crime, and circumstances after the crime, the court below's punishment was too excessive and exceeded the reasonable scope of discretion

It does not appear.

Therefore, the defendant's argument of sentencing is not accepted.

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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