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(영문) 대전지방법원 2016.04.07 2016노74

상습절도

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year and nine months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are as follows: (a) the defendant is attempting to commit the instant crime; (b) there is a family member to support the defendant; (c) some victims and the original court have agreed to do so; and (d) certain crimes have been investigated and voluntarily led to confession for the remaining crimes.

However, in light of the following: (a) the Defendant was sentenced to imprisonment with prison labor for several times due to robbery, etc.; (b) the Defendant committed multiple crimes during the period of repeated crime; (c) the number of crimes committed by the Defendant reaches eight times; and (d) the amount of damage therefrom was considerably significant; and (c) certain victims did not recover from damage; and (d) the Defendant’s age, sex, environment, motive, means and consequence; and (e) the sentence of the lower court is too unreasonable, taking into account all the sentencing conditions, including the Defendant’s age, sex, motive, means

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.