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(영문) 대구지방법원 2015.01.08 2014노4034
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment and two hundred thousand won of fine) is too unreasonable.

2. The judgment of the defendant does not repeat the crime, reflecting the error of the crime in depth.

Along with the victim T, the victim T and D have not been punished for the defendant.

A considerable part of the stolen articles was recovered by the defendant, and the victim M&T was repaid to each victim M&T in the trial.

However, the defendant has been punished several times for the same crime, and each of the crimes in this case has been committed again during the period of repeated crime due to theft and unlicensed driving.

It is necessary to steal the victim T's property, and inflict an injury on the victim T, such as high wave, which requires medical treatment for about three weeks, for two days, theft of the victims' ozones, bicycles, etc. five times in a period of five days, and impose severe punishment on the non-licensed driving through three times repeatedly.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because it 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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