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(영문) 대전지방법원 2014.06.26 2014노436
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant

The appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (three years of imprisonment) is too unreasonable.

Judgment

It is reasonable to take into account the following circumstances: (a) the Defendant confessions all of the instant crimes, repents his mistake, reflects his depth, and reflects his depth; (b) each victim’s damage does not significantly harm; (c) some damage was returned; and (d) the Defendant is obliged to support his or her father and mother.

However, in light of the law, frequency, etc. of committing the instant crime, such as destroying a door by destroying a door at around the time of the new wall or on holidays and repeatedly cutting off goods, etc., the quality of the instant crime is not good. The Defendant committed the instant crime without being aware of the fact that there was a history of having been punished several times due to the same kind of crime and there is a need to strictly punish the Defendant as committing the instant crime; the Defendant did not agree with the victims; other factors such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and all the sentencing conditions such as the scope of recommended sentences according to the sentencing guidelines of the Sentencing Commission by the Sentencing Commission; and the scope of recommended sentences according to the sentencing guidelines of the Supreme Court Decision on the Punishment of the Sentencing Commission, the sentence of the lower court is too unreasonable.

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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