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(영문) 광주지방법원 2018.05.16 2018노822
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. It is recognized that the defendant divided his mistake, and the amount of damage to the crime of this case is relatively minor and the defendant agreed with the victim.

However, the crime of this case is deemed to have stolen property by damaging the entrance, hand, etc. at night by the defendant and impairing the structure, and the nature of the crime is not very good. The defendant committed again the crime of this case during the suspension of execution due to special robbery, special intrusion into residence, and other factors such as the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., considering the sentencing conditions specified in the arguments of this case, it is deemed to be unfair because the sentence of the court below is too unreasonable. Thus, the above assertion by the defendant is without merit.

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

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