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(영문) 광주지방법원 2016.01.07 2015노3069
야간방실침입절도
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (10 months of imprisonment) of the lower court is too unreasonable.

Judgment

The fact that the defendant recognizes the crime and reflects it is a favorable sentencing factor.

However, when comprehensively taking into account the following factors: (a) the amount of theft committed by the Defendant was not written as KRW 17 million; (b) damage has not yet been recovered; and (c) the Defendant had been punished four times for the same kind of crime including three times of punishment; (b) the lower court appears to have determined the punishment by fully taking into account the circumstances favorable to the Defendant; and (c) there is no change in the circumstances that may vary between the lower court and the punishment; and (d) various sentencing data on the arguments, such as the developments leading up to the instant crime, circumstances after the instant crime, Defendant’s age, sexual behavior, environment, etc.; and (e) the scope of recommended sentences according to the sentencing guidelines of the sentencing committee (type 4 of larceny for general property: imprisonment of 8 months to 1 year and 6 months), etc., the Defendant’s assertion is not recognized to be unfair because the lower court’s punishment is too large.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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