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(영문) 대구지방법원 2016.07.01 2016노1562

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment, confiscation) on the summary of the reasons for appeal is too unreasonable.

2. The judgment of the court below is that the defendant recognized all of the facts charged of this case and committed each of the crimes of this case while the defendant was living and the amount of damage of this case is not so significant. However, it is recognized that the court below's punishment is too unreasonable because it is not reasonable in light of the following: the defendant, who had been sentenced to several criminal punishments for the same kind of larceny crimes, such as five times of punishment, suspension of execution, one time of fine, etc.; the defendant committed the crime of this case without being aware of the repeated crime due to the same kind of larceny crimes; the crime of this case is deemed to be bad; the crime of this case is committed by destroying a part of the structure at night; the number of larceny crimes of this case is not considerable; there is no special change in circumstances to change the punishment of the court below after the sentence of the court below was sentenced; and all of the sentencing conditions specified in the records and arguments, such as the defendant's character, behavior, and environment, etc.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.