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(영문) 대전지방법원 2012.06.21 2012노849
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of imprisonment (one and half years of imprisonment with prison labor for a maximum term of one year and six months, and one year of short term) is excessively unreasonable.

2. The judgment of the court below is a juvenile, and the amount of damage caused by the crime of this case is not significant as 1.2 million won, but it appears that the risk of recidivism, such as committing the crime of this case, seems to be high, notwithstanding the several protective dispositions on several occasions due to the same crime, despite the fact that there are no circumstances other than the damaged goods returned to the investigation agency. The court below determined the punishment through discretionary mitigation and discretionary mitigation, taking into account the circumstances favorable to the defendant, and there is no change in special circumstances or circumstances that may be newly considered in sentencing after the sentence of the court below, and there is no change in the defendant's age, character, character, and environment, the motive, background, means and consequence of the crime of this case, and the circumstances after the crime, etc., the sentence of the court below against the defendant is too unreasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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