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(영문) 대전지방법원 2018.02.07 2017노3451
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. A favorable circumstance is that the Defendant recognized the instant crime and reflects it, and that the amount of damage is not relatively large.

However, there are extenuating circumstances such as the fact that there has been a history of punishment for the same kind of crime (amount of punishment, suspension of execution), the fact that the crime of this case was committed without being aware of it during the period of suspension of execution for the same kind of crime, and the fact that the victims did not agree with the victims, and that the measures for recovery of damage were

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 court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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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