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(영문) 광주지방법원 2018.12.19 2018노3108
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. In light of the judgment, it is advantageous to the fact that the defendant recognized the crime of this case and reflects it, the amount of damage is a small amount, part of the damaged items have been returned, and the victim G does not want punishment.

However, considering the fact that the Defendant committed the instant crime during the suspension period of the execution of imprisonment with prison labor for the same crime and the fact that there is no particular change in the sentencing conditions compared to the lower court, the lower court’s sentence cannot be deemed unfair, and thus, the Defendant’s allegation 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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