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(영문) 대구지방법원 2019.11.29 2019노3953
절도등
Text

The defendant's appeal is dismissed.

Reasons

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

2. Determination is recognized that the Defendant recognized the instant crime and reflects it, that is a relatively small amount of thief damage, and that the Defendant is not healthy due to brain death, etc.

However, the defendant has already been punished once due to theft and unlicensed driving, and there is a criminal record of total eight times of punishment including five times of punishment due to other larceny, and there is a criminal record of total nine times of punishment including two times of punishment due to unlicensed driving, and there is a criminal record of total nine times of punishment including two times of punishment due to this crime, and there is a criminal record of total 11 times of punishment including two times of punishment due to this crime, and there is also a law of number of larceny crimes.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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

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