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(영문) 대구고등법원 2019.06.13 2019노172
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflects the nature of the instant crime, and that the health condition is not good due to alcohol dependence, pre-fluence, etc., and that some of the damaged money and valuables were returned, and that the degree of damage is not significant.

However, the crime of this case is inevitable when the defendant opens a safe on the account unit of a veterinary hospital and steals money and valuables, and the nature of the crime and the criminal affairs are heavy, and the previous and previous punishment has been sentenced several times, and there is no strict punishment corresponding thereto.

In addition, considering the various circumstances revealed in the records and arguments of this case, such as the defendant's age, occupation, character and conduct, environment, motive, means, results, etc. of the crime of this case, and the scope of recommended punishment according to the sentencing guidelines, the sentence imposed by the court below cannot be deemed as being too appropriate and unreasonable.

3. If so, 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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