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(영문) 대구지방법원 2014.07.11 2014노1529

특정범죄가중처벌등에관한법률위반(절도)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a short-term period of 2 months, a fine of 50,000 won, and a short-term of 1, 2, 4, 5, 7, 8, and 9 of the lower court’s punishment (e.g., a short-term of 1 year and 6 months) is excessively unreasonable.

2. The judgment that the defendant led to the confession of the crime, and that the defendant is a juvenile is recognized.

However, it is not determined that the lower court’s punishment is too unreasonable on account of the following: (a) the Defendant had a record of having received multiple juvenile protective disposition due to the same crime; (b) the Defendant continued to commit each of the crimes of this case immediately after having been sentenced to a suspended sentence of imprisonment due to the same crime; and (c) the risk of repeating the crime by repeating the crime of this case; (d) the amount of damage is not significant; and (e) the Defendant

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

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the phrase “the deletion of the proviso of Article 42” in the former part of Article 37, Article 38(1)2, Article 38(2), Article 50, the proviso of Article 42 of the Criminal Act shall be corrected.