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(영문) 광주지방법원 2015.08.11 2015노1280
절도
Text

The defendant's appeal is dismissed.

In the judgment of the court below, the part concerning "Aggravation of repeated crimes" among "Application of statutes" is "criminal law."

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In full view of the following factors: (a) the Defendant again committed the instant crime during the period of repeated crime due to the same crime; (b) the number of times of the crime; and (c) the elements of unfavorable sentencing, such as the fact that the Defendant did not recover damage; and (d) the factors of favorable sentencing, such as the Defendant’s age, character and conduct; (b) environment; (c) motive, means and consequence of the crime; and (d) various circumstances that form the conditions of sentencing specified in the instant records and arguments, including the circumstances after the crime; and (d) the scope of recommended sentences of sentencing guidelines (one month to two months), the lower court’s sentence against the Defendant is too unreasonable.

3. As such, the defendant's appeal is without merit and it is dismissed under Article 364 (4) of the Criminal Procedure Act. Since it is obvious that there is any error in the judgment below, it is so decided as per Disposition by the decision of correction under Article 25 (1) of the Regulation on Criminal Procedure.

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