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(영문) 대전지방법원 2016.08.24 2016노1461
절도
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the circumstances such as the fact that the defendant's total amount of money stolen was not significant, the victims do not want punishment by agreement with the victims, and the defendant's consent to commit the crime of this case are considered.

However, the Defendant committed the instant crime at a public place by using a ridge, and according to the background and method of the crime, there is a very bad character in light of the nature of the crime, and the Defendant has been punished several times for the same kind of crime, and the instant crime is committed only with the punishment of repeated crimes of the same kind, and it is not possible to expect the Defendant to commit the instant crime, and therefore, the Defendant is subject to strict punishment.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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