beta
(영문) 대구지방법원 2015.08.21 2015노2358

상습절도

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (three years of imprisonment and of confiscation) is too unreasonable.

2. The judgment follows: (a) there are favorable circumstances for the defendant, such as the fact that the defendant recognized all the charges of this case and against his mistake; and (b) the amount of damage caused by the crime of this case is not relatively large; (c) however, the defendant, who had been punished several times for the same kind of crime, including the same sentence and six times, repeatedly committed the crime of this case during the same repeated crime; and (d) the crime of this case may have been committed by intrusion upon another person's residence; (c) there was a risk of committing the crime; (d) it is deemed that the defendant continued to repeat the above crime; (e) it is deemed that the risk of repeating the crime is considerably high; (e) the defendant did not reach an agreement with the victims; (e) there was no special change of circumstances that could change the sentence of the court below after the sentence of the court below was made; and (e) there is no other evidence that the defendant's age, character and behavior, environment, etc. and arguments shown in the records and arguments, the defendant's assertion is without merit.

3. Accordingly, 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 groundless. It is so decided as per Disposition.