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(영문) 수원지방법원 2017.08.25 2017노1838
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 500,000) is too unreasonable.

2. The circumstances favorable to the Defendant are the following: (a) the Defendant was aware of his/her mistake when he/she was in the first instance; and (b) the Defendant has no record of punishment exceeding the fine.

On the other hand, the fact that the victim did not agree with the victim, that part of the damage was not recovered, and that there was a record of punishment for the same crime is disadvantageous to the defendant.

When comprehensively considering the above circumstances and the overall sentencing conditions of Article 51 of the Criminal Act, which were revealed in the records and changes of the instant case, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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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