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(영문) 대구지방법원 2016.01.28 2015노4939
상습절도
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of the court below (for four months of imprisonment and confiscation) is too unfasible, and the prosecutor is too unfasible and unfair.

2. It is recognized that the judgment of the defendant led to the confession of the facts charged and reflects the amount of damage, and that the victim does not want punishment.

However, it is also recognized that the defendant has the record of being punished several times for the same crime, and that the defendant is a criminal act during the same crime, and that the defendant is a criminal act during the same crime, and that the defendant has opened a corrected vehicle by keeping the string due to the gap of cargo vehicles and has committed the larceny crime, and that the crime is planned and has high risk of recidivism.

In addition, comprehensively taking account of the following circumstances, the Defendant’s age, environment, occupation, family relationship, background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is not deemed unreasonable because it is hot or hot.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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