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(영문) 광주지방법원 2016.10.05 2016노2677
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment is a favorable condition that the Defendant properly recognized and reflected his mistake, and both damaged goods were returned to the victim. The Defendant agreed with the victim that the victim would not be punished against the Defendant.

On the other hand, the defendant has been punished for the same crime, and in particular, the defendant was sentenced to two years of probation on January 22, 2015 to six months of imprisonment due to the crime of larceny at night, and on October 2, 2015, the judgment became final and conclusive on October 2, 2015, and the defendant committed the crime of this case for no more than time from the time the said judgment became final and conclusive, and therefore, it is disadvantageous.

In addition, considering the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, various sentencing conditions as shown in the argument of this case, and the result of the application of sentencing guidelines by the Sentencing Committee of the Supreme Court, etc., the defendant's 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 ground that it is without merit. It is so decided as per Disposition.

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