(영문) 대전지방법원 2014.07.10 2014노1165



The defendant's appeal is dismissed.


1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. Although it is recognized that the defendant led to confession and reflects on the judgment, the defendant committed the crime of this case again despite the fact that the defendant had been punished several times for the same crime, the victim's damage has not been recovered, and the crime of this case and larceny, etc. for which the judgment became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, it seems that the court below considered the defendant's age, character and behavior, environment, motive and circumstance of the crime, method and consequence of the crime, and the various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, are too unreasonable. Thus, the above argument by the defendant is without merit.

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