beta
(영문) 대전지방법원 2015.08.27 2015노1787

상습절도

Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (one year and six months of imprisonment) is too unreasonable.

2. The circumstances can be taken into account such as the fact that the Defendant’s mistake is against himself/herself, and the amount of damage is not so significant, and that he/she is willing to live a new life by cultivating a fluent family with his/her female living together.

However, even though the defendant had been punished several times due to theft, the defendant committed the crime of this case without being aware of it during the period of repeated crime due to the same crime, the defendant did not agree with the victims, which was not recovered from damage, and there is no change in circumstances to change the sentence after the decision of the court below, and all the sentencing conditions such as defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc. are too unreasonable to the extent that the sentence of the court below is reversed.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.