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(영문) 광주지방법원 2015.11.19 2015노2491
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (three years of imprisonment) is too unreasonable.

Judgment

In light of the facts that the defendant's act of committing the crime in this case is favorable sentencing factors, the majority of the victims of the crime in this case and the amount of damage is not significant, the defendant did not recover most of the remaining damage besides some damage to the victim D, the defendant was punished several times due to the same crime including the punishment, and the crime in this case was committed during the repeated crime period. The court below seems to have determined the punishment in consideration of the circumstances favorable to the defendant. There is no change in the court below's circumstances that are favorable to the defendant. There is no change in the court below's circumstance that there is no change in the situation that differs from the punishment in this case, the scope of recommended sentence according to the sentencing guidelines of the Sentencing Commission (two years or more) and the basic crime in this case and the first concurrent crime in this case: violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) / [Determination of the punishment] / [Scope of imprisonment with prison labor, punishment for larceny and repeated larceny / [Scope of punishment] basic / imprisonment with prison labor / 2-year 4 years or more punishment.

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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