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(영문) 대구지방법원 2015.02.05 2014노4468
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the Defendant are that the Defendant recognized all of the instant crimes and reflected, and that there are many frequency of larceny crimes.

However, the Defendant committed the instant crime without being aware of the fact that he/she had been sentenced to imprisonment for 2 years of the suspended sentence of 8 months for the crime of larceny, and imprisonment for 1 year and 8 months for the crime of larceny, and that the Defendant committed the instant crime without being aware of the fact that he/she was in the period of repeated crime due to the record of punishment for the crime of larceny.

In full view of these circumstances, Defendant’s character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions of sentencing as shown in the arguments and records, it is difficult to view that the sentence imposed by the court below is too unreasonable and unreasonable. Thus, Defendant’s assertion

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

(However, it is clear that the decision of the court below omitted the choice of punishment by mistake in the next part of the "Article 329 of the Criminal Act" in the column of application of the law of the court below. Therefore, pursuant to Article 25 of the Regulation on Criminal Procedure, "Article 329 of the Criminal Act concerning the 1. Criminal Act" in the second through third part of the judgment of the court below is changed to "Article 329 of the Criminal Act concerning the 1. Criminal Act and the choice of punishment, Article 329 of the Criminal Act and the choice of punishment"

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