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(영문) 대구지방법원 2016.03.24 2016노407

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant recognized the facts charged and reflected against the Defendant, and that the Defendant agreed with the victim of the larceny.

However, in full view of the following circumstances: (a) the Defendant was sentenced to punishment several times due to drinking, non-licensed driving, and larceny, and (b) the Defendant committed the instant crime under the influence of drinking, driving, and re-driving, even during the repeated crime period due to the same type of crime; (c) the drinking value of drinking is considerably high; and (d) the Defendant’s age, environment, sex, family relationship, circumstances leading to the commission of the crime, and circumstances after the commission of the crime, etc., the lower court’s punishment is not deemed to be unfair as it did.

3. In conclusion, 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.