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(영문) 대구지방법원 2018.07.13 2018노1709
특수재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. It is recognized that the Defendant recognized the instant special property damage E and the thief victims who did not want to be punished by the said victims under an agreement with the victim M, P, and property damage victims, and that the Defendant suffered from a polar disorder for a long time, and that the said disease seems to have affected some crimes.

However, even though the Defendant had been punished twice by a fine due to driving without a license and twice a fine due to driving without a license, and again commits the crime of driving without a license and driving without a license of this case, it is relatively high to 0.152% of alcohol level at the time of driving of the instant drinking, and the Defendant has committed each of the instant crimes repeatedly within a short period without any particular reason, and some of the crimes are recognized to have been committed during the period of repeated crimes.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unreasonable.

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. It is so decided as per Disposition.

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