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(영문) 전주지방법원 2014.09.26 2014노838
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is not appropriate for committing the crime of this case, such as the confession of the crime of this case and the victim's property damage from the crime of this case does not seem to be considerable, and the defendant has been recognized as a favorable condition that the victim seeks the defendant's wife by mutual consent with the victim. However, the defendant has the record of having been punished several times by imprisonment with prison labor due to larceny, including two times, and the defendant committed the crime of this case during the period of repeated crime which has passed three months after the execution of imprisonment with prison labor due to larceny. The defendant committed the crime of this case during the period of repeated crime which has passed three months after the execution of punishment due to larceny. The victim's resistance during the crime of this case was spread from the victim's resistance and escape from the criminal investigation agency after receiving a request from the investigative agency to voluntarily attend the crime. The above circumstances favorable to the defendant are not good for a considerable period of time until they were arrested. The defendant's appeal of unfair sentencing is not justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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