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(영문) 대구지방법원 2014.02.13 2013노3747
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant is against the gist of the grounds for appeal, the punishment imposed by the court below against the defendant (one year of imprisonment) is too unreasonable.

2. The circumstances are favorable, such as the fact that the defendant recognized both crimes and seriously reflects the victim's degree of damage, that part of the damaged goods were returned, that the defendant's economic condition is not good, and that the health condition is bad because the defendant suffers from alcohol, etc.

However, in light of the methods, etc. of each of the crimes of this case, the crime of this case is not less weak, there are many previous charges against the defendant, and in particular, the crime of this case is committed without being aware of it during the repeated crime period, and the victims want to punish the defendant.

In full view of the above circumstances, such as the character, conduct, environment, etc. of the Defendant, the lower court appears to have taken into account most favorable circumstances, and there is no change in circumstances that would vary between the lower court and the sentence.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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