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(영문) 광주지방법원 2020.06.23 2020노864
절도
Text

The defendant's appeal is dismissed.

Reasons

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

2. The facts that the Defendant recognized the instant crime and some of the damaged goods were returned to the victim are favorable circumstances.

On the other hand, the fact that the defendant has the same criminal record, in particular, even though he is in the probation period and probation period due to the same criminal record, he/she committed the crime of this case again without being aware of it, and he/she seems not to faithfully observe the direction and supervision of the probation officer by refusing to attend several times during the probation period.

There is no special relationship or change of circumstances that can be newly considered by this court, and in full view of the defendant's age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case, it cannot be deemed that the sentence of the court below is too unreasonable.

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 ground that it is without merit. It is so decided as per Disposition.

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