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(영문) 대전지방법원 2016.11.09 2016노1085
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three years of suspended execution in one year and six months of imprisonment, probation, and community service order 80 hours of imprisonment) is too unreasonable;

2. The circumstances to be considered, such as the fact that the Defendant agreed with the victim E, the time to commit the instant crime, the fact that the Defendant supported his/her child, and the fact that he/she led to the Defendant’s obligation and living conditions.

However, according to the circumstances such as the fact that the sum of the amounts stolen or acquired by the defendant is a very large amount, the fact that the defendant has repeatedly committed several times within a short period, the fact that many victims have occurred, and the defendant has committed the crime of this case even though he has been punished several times due to the same kind of crime, it is reasonable to impose strict punishment on the defendant.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the original judgment and the punishment different from the circumstances after 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 ground that it is without merit. It is so decided as per Disposition.

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