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(영문) 대구지방법원 2020.09.16 2020노1725

절도등

Text

The defendant's appeal is dismissed.

Reasons

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

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant was against his/her wrong when he/she was in a trial, and that the amount of damage was not so much, and that some of the damaged goods were returned to the victims is recognized.

However, the Defendant had a record of criminal punishment more than 30 times for the same crime, and has reached the period of repeated crime for the same crime.

Since the defendant commits the same kind of crime repeatedly and repeatedly in light of the Act, he/she may not ask the defendant to bear strict responsibility corresponding thereto.

In the first instance trial, there is no special change in circumstances that could reduce the sentence of the lower court, and taking into account all the factors of sentencing as shown in the records and pleadings of the instant case, including the Defendant’s age, occupation, family relationship, criminal record and criminal record, the sentence of the lower court is not heavy.

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