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(영문) 광주지방법원 2016.08.16 2016노1893
상습절도
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the gist of the reasons for appeal (one year of imprisonment) by the lower court, the Defendant asserts that it is too unreasonable for the Defendant to be sentenced to imprisonment, while the Prosecutor appealed to the lower court by asserting that it is too unfasible and unfair.

2. The judgment of the Defendant had a record of criminal punishment six times for the same crime, and in particular, at the Manpo Branch of the Gwangju District Court on August 30, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny and intrusion upon residence on one year and six months, and was sentenced to a fine on two occasions on December 20, 2013, and was sentenced to a fine on more than two occasions, he/she again committed the instant crime during the period of repeated offense, and the risk of recidivism is very serious, and the victim’s damage was not recovered.

On the other hand, the defendant's crime was committed once, and the amount of theft was relatively small to KRW 500,000.

In addition, comprehensively taking account of the following facts: (a) the Defendant’s age, sex, and circumstances after the commission of the crime; and (b) the various conditions of sentencing specified in the instant case’s records and the theory of changes; and (c) there are no special changes in the trial, the argument that the Defendant

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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