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(영문) 광주지방법원 2015.11.26 2015노2566
절도등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year of imprisonment) is too unreasonable.

Judgment

All of the crimes of this case are favorable sentencing factors such as the defendant's recognition of each of the crimes of this case, the degree of damage is minor or attempted, the defendant's economic situation is not sufficiently sufficient, and the agreement with K of the victim is reached.

However, there are a number of criminal offenses including the Defendant, and, in particular, the Defendant continued to commit each of the crimes of this case during the period of repeated crimes for which the Defendant was sentenced to imprisonment for the same kind of crime and has not yet been released from prison, is an unfavorable sentencing factor. The lower court appears to have determined the punishment by fully taking into account the circumstances favorable to the Defendant. The lower court’s reasoning is without merit, given that there is no change in circumstances that may vary between the lower court and the punishment, and other various sentencing materials indicated in pleadings, such as the background of the crime of this case, circumstances after the crime, Defendant’s age, character and conduct, environment, etc., and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Commission (4 months to one year and three months), so it is not recognized that the lower court’s punishment is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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