beta
(영문) 대구지방법원 2016.11.10 2016노2748

상습절도

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below (unfair punishment) is too unreasonable because the defendant (one hundred months of imprisonment) is too unreasonable.

B. The above sentence of the lower court is deemed to be too uneasible and unfair.

2. The judgment of the Defendant recognized the instant crime and reflects his mistake. Of the instant crime, the number of the crimes led to two cases is only two, and the remainder of the crimes is about attempted, and the actual amount of damage cannot be deemed to be a substantial amount, and a part of the damage is returned to the victim, etc. are favorable to the Defendant.

On the other hand, the defendant has a lot of records of punishment for the same crime, and even though he was sentenced to a suspended sentence for the first head of the crime for the same crime, he committed the crime in this case during the period of the suspended sentence, the number of crimes is large (14 times in total), and the defendant did not reach an agreement with the victims.

Considering the above circumstances and other circumstances, such as the character and conduct of the defendant, the environment, the motive, means and method of the crime, and the circumstances after the crime, etc., the sentence of the court below is deemed appropriate as a punishment within the scope of its discretion.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.