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(영문) 전주지방법원 2013.10.11 2013노811
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (a fine of KRW 700,000) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. Determination of the grounds for appeal of this case is recognized as favorable circumstances such as the defendant's recognition of the crime of this case, the depth is divided, the value of the damaged goods is small amount and has been recovered in its entirety, and the defendant has no record of punishment heavier than the fine.

However, in full view of various sentencing conditions under Article 51 of the Criminal Act as stated in the records of this case, such as the Defendant’s age, character and conduct, environment, background leading up to the Defendant to the instant crime, means and result, and the situation before and after the instant crime, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion of unfair sentencing is groundless.

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

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