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(영문) 광주지방법원 2017.12.19 2017노2990
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The judgment defendant stolen a small amount of money, some of which was returned to the victim, and there was no record of punishment for the same crime.

However, even though the defendant was sentenced to suspension of indictment for committing the larceny under the same law, he/she could not be less than 1 month and not be less than able to agree with the victim.

In addition, considering the Defendant’s age, sexual conduct, environment, motive and means of crime, and consequences as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the commission of crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendant's assertion 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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