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(영문) 대구지방법원 2018.07.13 2018노1847
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The amount of damage caused by each of the instant crimes is relatively large.

The stolen goods have been returned to the victim.

The Defendant led to confession and reflect on each of the crimes in this case.

The defendant seems to have committed each of the crimes of this case in a situation where it is economically difficult to do so, such as aging.

This is the circumstances favorable to the defendant.

The defendant has committed the crime of this case again because he was sentenced to imprisonment with prison labor for the same crime and completed the execution of the sentence.

Defendant has several criminal records including the above repeated crimes.

This is disadvantageous to the defendant.

In addition, if there are no special circumstances or changes in circumstances that can be newly considered after the sentence of the lower judgment, the sentence imposed by the lower court is too unreasonable in light of the records of the instant case, including the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

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.

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