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(영문) 대구지방법원 2017.03.31 2017노251
절도등
Text

The defendant's appeal is dismissed.

Reasons

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

2. In light of the above circumstances, there are more favorable circumstances such as the Defendant’s confession of each of the instant offenses, and the Defendant’s confession of each of the instant offenses, and the number of larceny crimes is divided into three times, and the number of larceny crimes is only three times, and the two times among them is about attempted crimes, and some of the damage was seized.

However, the victim's damage is not recovered, the defendant has a record of criminal punishment several times due to the same kind of crime, etc., and in particular, on October 6, 2015, the Daegu District Court sentenced six months of imprisonment with prison labor for larceny, etc., and committed each of the crimes of this case on January 17, 2016, notwithstanding the fact that the execution of the punishment was completed, even though it has committed a repeated crime.

In addition, there is no special circumstance or change of circumstances to be newly considered after the sentence of the lower judgment, and considering the following factors, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable because the sentence is too too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and it is so decided as per Disposition (Provided, That “a summary of evidence” in the judgment of the court below under Article 25(1) of the Rules on Criminal Procedure is obvious that it is a clerical error in the “police Statements against D”, and thus, it is corrected ex officio.

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