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(영문) 대구지방법원 2016.09.23 2016노2697

절도

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant recognized the facts charged of this case and against it, the frequency of the thief crime of this case was limited to one time, the amount of damage was not significant, and the victim was returned. However, there are favorable circumstances to the defendant, on the other hand, the defendant who committed the crime of this case without being aware of the criminal punishment for the same thief crime, and the defendant did not agree with the victim, and the defendant sold the stolen bicycle with KRW 40,000,000 at the time of the bicycle, and it appears that the victim was returned the bicycle by confirming the fact that the same bicycle as the stolen bicycle was registered for goods and reporting it to the police (Evidence No. 2, No. 44 of the Evidence Record). Taking into account the defendant's character, behavior, environment, etc., the defendant's punishment of this case and all kinds of sentencing conditions shown in the records and arguments are too unfair, and the defendant's assertion is without merit.

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