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(영문) 대구지방법원 2017.08.11 2017노2460

특수절도

Text

The defendant's appeal is dismissed.

Reasons

1. The 6-month imprisonment with prison labor declared by the court below is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized the facts charged and reflects his mistake, and that the defendant agreed with the victim, but the defendant committed the crime of this case without being aware of it during the suspension period of execution due to the violation of the Punishment of Violences, etc. Act. In the case of special larceny, the statutory punishment for special larceny is imprisonment with prison labor for not less than one year but not more than ten years, and the court below is deemed to have sentenced to the maximum statutory punishment by taking into account the above favorable circumstances against the defendant, and in addition, considering the defendant's age, sexual behavior, environment, family relationship, circumstances after the crime of this case and all the sentencing conditions specified in the records and arguments, it is not recognized that the sentence of the court below is unfair because the defendant's argument is too unreasonable.

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.