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(영문) 대구지방법원 2021.01.08 2020노3348
절도
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 lower court determined that: (a) the Defendant was sentenced to two years of imprisonment with prison labor for larceny on September 4, 2015 and was sentenced to two years of the suspended sentence on September 12, 2015; (b) the Defendant was sentenced to a fine on February 3, 2017; (c) the Defendant was sentenced to two years of suspended sentence, protection observation, and community service order again on April 19, 2018 due to larceny; (d) the Defendant was sentenced to a fine on April 27, 2018; (b) the Defendant committed another crime in this case during the suspended sentence due to the said judgment; (c) the Defendant did not reach an agreement with the victim on September 12, 2015; and (d) the Defendant did not receive a letter unfavorable to the victim; and (d) the Defendant was sentenced to imprisonment with prison labor for any change in circumstances other than that of the instant case; and (d) the Defendant did not have been sentenced to punishment for any changes in circumstances other than that of the victim.

In addition, even if examining various sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence of the court below exceeded the reasonable scope of discretion.

3. According to the 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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