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(영문) 대전지방법원 2016.03.30 2015노4014

상습절도

Text

The defendant's appeal is dismissed.

Reasons

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

2. In order to raise living expenses, the Defendant committed the instant crime, and there are extenuating circumstances to consider the fact that there was no significant damage from theft, and that the Defendant recognized the instant crime and reflected against the Defendant.

However, there is a history that the defendant has been punished several times for the same crime, and there is no choice but to punish the defendant by committing the crime of this case again on five days after he was punished for the same crime.

In addition, comprehensively taking account of the circumstances in which the defendant's age, sex, environment, motive, means and consequence of the crime, there is no special change in circumstances that the court below and the punishment are to be determined differently from the circumstances after the crime, the sentence of the court below cannot be deemed unfair because the defendant's punishment is too large, even in light of the circumstances asserted on the grounds of appeal.

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.