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(영문) 대구지방법원 2020.04.24 2020노397
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and three months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the court below seems to have sentenced two years and three months to imprisonment, comprehensively taking into account the circumstances favorable to the defendant (the partial victims, or the recovery of damage, confession, and reflect) and the circumstances unfavorable to the defendant (including six times of imprisonment with prison labor for the same crime), and the fact that the crime in this case was committed several times, and the number of the victims was 29 persons, and most of them did not receive any tolerance from them, and did not recover from damage).

However, in light of the Defendant’s character, health status, family relationship, the circumstances after the commission of each of the instant offenses, and other various circumstances revealed by the records, and the sentencing guidelines of the Sentencing Committee of the Supreme Court (one year to six months of imprisonment), and the fact that no change in circumstances has been discovered to change the type of the Defendant, the lower court’s sentencing is appropriate, and it cannot be deemed that the lower court abused its discretionary authority or exceeded its discretionary authority.

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

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