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(영문) 광주지방법원 2020.06.09 2020노710
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months) of the lower court is too unreasonable.

2. Determination factors favorable to the Defendant include the fact that the Defendant recognized each of the instant offenses, and the victims recovered some of the thiefs, including three automobiles, among the thiefs.

On the other hand, the victims want to be punished by the defendant, there are several criminal records of the same kind to the defendant, and among them, five criminal records exist, and repeated crimes of this case during the period of repeated crime due to the above criminal records are elements for sentencing unfavorable to the defendant.

In addition, the lower court did not change the sentencing conditions that may be newly considered in this court compared to the lower court, comprehensively taking into account the above factors of sentencing.

In addition, considering the Defendant’s age, character and conduct, criminal records, motive and circumstances leading to each of the instant crimes, and all of the sentencing conditions indicated in the instant pleadings, such as circumstances after the crime was committed, the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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