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(영문) 대구지방법원 2019.06.20 2019노1295
절도등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the sentencing of the court below (one year and six months of imprisonment) is too uncomfortable, and the prosecutor is too uncomfortable and unfair.

2. The judgment defendant has been sentenced to imprisonment for the same kind of crime and has been punished several times, and has committed another crime during the period of repeated crime due to the same kind of crime.

Most of the damages have not been recovered to the trial.

On the other hand, the defendant recognized a mistake and reflects it, and the damage caused by each crime is relatively heavy.

In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, 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 lower court’s sentencing is not unfair.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.

[However, according to Article 25 (1) of the Regulation on Criminal Procedure, "Article 70 (1) 3 of the Specialized Credit Finance Business Act (the use of stolen credit cards, the selection of imprisonment)" is "Article 70 (1) 3 of the Specialized Credit Finance Business Act (the use of stolen credit cards, the use of stolen credit cards, the comprehensive selection of imprisonment)"] of the judgment of the court below on the 5th page 16 through 17.

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