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(영문) 광주지방법원 2013.10.25 2013노1879
절도
Text

The defendant's appeal is dismissed.

Reasons

1. When considering various circumstances against the defendant in light of the summary of the grounds for appeal, the punishment of the court below (the fine of 500,000 won) is too unreasonable.

2. In full view of the following factors: (a) the Defendant recognized the instant crime; (b) the Defendant’s health is not good; and (c) the Defendant without permission to take two cold condition of the victim who was in an officetel corridor into consideration; (d) the Defendant acquired profits by selling them on the water; and (e) the Defendant agreed with the victim or did not compensate the victim for damage until the trial; and (e) other factors of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, means and method of committing the instant crime; (e) the means and method of the instant crime; (g) the criminal records (six times the criminal records); and (e) balance in sentencing with other cases similar to the instant case, the lower court’s punishment cannot be deemed unfair, and thus, the Defendant

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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