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(영문) 광주지방법원 2020.01.30 2019노2839
절도
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment defendant is working at the construction site of apartment buildings.

The circumstances are favorable to the defendant, such as the fact that it was impossible to complete a bridge and the economic difficulties therefrom are expected to lead to the crime of this case, the fact that the mistake is recognized, the fact that there is no same power, and the fact that one of the stolen bicycles has been returned to the victim.

On the other hand, the crime of this case was committed by the defendant for about 11 months since the defendant stolens the bicycles of the victims for about 11 months, and the crime of this case was committed during the period of repeated crime, and it was committed during the period of repeated crime, and most victims have not yet recovered from damage or agreed.

In addition, the circumstances of the crime of this case, the circumstances after the crime of this case, the age, character and conduct, environment, etc. of the defendant and the sentencing guidelines for the enactment of the Sentencing Committee.

1. Scope of punishment by law: One to six years of imprisonment;

2. The scope of recommending punishment according to the sentencing guidelines [the decision of punishment] thief for general property [the 2th category] general larceny [the thief] mitigated element for living: Where a person repeatedly commits a crime using a specific method, tool or organization (a habitual offender) (the scope of recommending and recommending punishment] basic area, six months to one year and six months, etc., the defendant's assertion is without merit, and thus it is not recognized that the sentence of the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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