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(영문) 대구지방법원 2018.03.23 2017노5300

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The Defendant recognized the instant facts charged and reflected in the judgment.

The amount of damage to the crime of this case was not significant, and the damage was recovered.

However, considering the following circumstances, considering the Defendant’s refusal to comply with the request of an investigative agency for appearance and arrest of the Defendant during the investigation process of the instant case, the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the offense, means and consequence of the offense, etc., and other various circumstances revealed in the records and arguments, even if considering the Defendant’s health and economic difficulty, the sentence imposed by the lower court is appropriate, and the sentencing judgment by the lower court exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the sentence imposed by the court below is too unreasonable, 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.