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(영문) 광주지방법원 2017.08.29 2017노2450
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the reasons for appeal is too unreasonable.

Judgment

The defendant has agreed to recover damage to the victim D and has no record of punishment exceeding a fine.

However, the defendant intruded into a workplace with a password that he came to know while working, stolen cash and physical card, and then withdrawn cash with a physical card. Not only is it appropriate to commit a crime but also the amount of damage amounting to 5.2 million won in total, but also did not recover the damage of the victim F and G.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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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