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(영문) 대구지방법원 2021.01.13 2020노3448

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (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 with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the Defendant confessions and reflects the Defendant, and that the amount of damage is not significant.

However, in full view of the various circumstances revealed in the records and arguments of this case, including the fact that the defendant has been sentenced several times of punishment for the same crime, the defendant committed the crime of this case during the same repeated crime period, the victims' failure to be punished, and the court below sentenced the lower limit of the sentencing guidelines through reduction of volume, etc., the punishment sentenced by the court below against the defendant is not heavy.

3. According to the 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.