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(영문) 대구지방법원 2019.06.14 2019노1316
절도등
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the judgment of the defendant recognized all of the thief crimes of this case, each damage amount caused by the thief crimes of this case is relatively large, the victim D and G does not want to be punished by each of the thief crimes of this case, the defendant does not have any criminal record exceeding the fine, the defendant appears to have been growing in an poor environment, and the defendant is deemed to have a intellectual disability, and is suffering from the quality of the thief.

However, it is recognized that the Defendant had already been sentenced to a fine on one occasion due to larceny, and that there are three different types of criminal records, the Defendant was issued a summary order of KRW 300,000 due to larceny on December 31, 2018, and again committed each of the larceny in this case after being sentenced to a summary order of KRW 300,000 as a result of larceny, and that the Defendant did not agree with I and L, the victims of the fraud in this case.

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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