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(영문) 대구지방법원 2013.07.12 2013노1238

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. Although the amount of damage is a small amount of judgment, some of the crimes are committed, there is no economic situation of the defendant, the defendant must support his wife and four children, and the defendant is in violation of his depth, it is recognized that the defendant has a history of receiving juvenile protective disposition or criminal punishment due to larceny, and the defendant has repeatedly committed the larceny of this case during the period of probation of imprisonment. The punishment imposed by the court below is the lowest punishment that can be sentenced after discretionary mitigation in this case without any other legal grounds, and all of the sentencing factors in the argument of this case, such as the defendant's age, character and behavior, environment, circumstances of the crime of this case, circumstances after the crime of this case, etc., it is not recognized that the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal of this case 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.