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(영문) 대구지방법원 2019.04.26 2019노644
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. Determination is recognized that the Defendant recognized all of the instant thief crimes, the victim D does not want to punish the Defendant, the amount of damage caused by the instant thief crime is relatively small, the damaged goods were recovered, the Defendant was not guilty, the Defendant’s health and economic conditions are not good, and the Defendant’s three children must support the Defendant.

However, the Defendant already committed the instant crime during the period of the suspended execution, which became final and conclusive on April 22, 2017 due to the charge of larceny, etc., which had been sentenced to a total of six criminal punishment, including one time of the suspended execution due to larceny, and the crime of attempted larceny, etc., and committed the instant crime during the period of the suspended execution. It is also recognized that the Defendant did not agree with the victims of the instant larceny.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, 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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