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(영문) 대구지방법원 2016.04.27 2016노794

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a prison term of eight months, confiscation) is too unreasonable.

2. The judgment of the defendant is recognized that he or she repents his or her mistake, and that the stolen damage was returned to the victim.

However, in consideration of the following: (a) the Defendant’s disposition to forward juvenile protection cases through the same type of theft and inhalement of hallucinogenic substances, as well as the punishment of fines, suspension of execution, and punishment; (b) the need to isolate the Defendant even in order to protect the Defendant from hallucinogenic substances; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (d) the scope of recommended sentencing guidelines established by the Sentencing Committee, including the circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable.

Therefore, 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.