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(영문) 광주지방법원 2021.03.30 2021노181
야간건조물침입절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal is that the sentence of the lower court (eight months of imprisonment) is too unreasonable.

The above-mentioned sentence of the court below by the prosecutor is too unhued and unreasonable.

Judgment

The fact that the defendant has been punished several times due to the same crime, and that the victims of each of the crimes of this case have not been recovered from damage is disadvantageous to the defendant, but the defendant appears to have committed each of the crimes of this case, the fact that the amount of the theft is relatively small, and the fact that the defendant recognized his mistake and reflected it is favorable to the defendant.

In full view of the aforementioned circumstances and the conditions of sentencing as indicated in the records and arguments of this case, including the Defendant’s age, sexual conduct, background of the crime, and circumstances after the crime, the lower court appears to have determined the Defendant’s punishment within a reasonable scope of discretion by fully taking into account the conditions of sentencing, and there is no change in sentencing conditions to recognize that maintaining the judgment of the lower court is unfair, and thus, it is difficult to view that the lower court’s punishment is too heavy or unreasonable.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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