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(영문) 대전지방법원 2015.05.29 2015노948
상습절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (two years of imprisonment) is too unreasonable.

2. Determination

A. There are extenuating circumstances, such as the fact that the Defendant, who led to the confession of and reflect on the commission of a crime, is going not to commit the larceny again, and that the Defendant lives alone without good health due to the age of 68 years old.

B. Meanwhile, even though the Defendant had been sentenced to punishment for the same crime seven times, the Defendant committed the theft of this case repeatedly at the same time during the period of repeated crime, and had damaged the victims’ property in the process, and the nature of the crime is very heavy.

In addition, considering all sentencing conditions indicated in the instant case, such as the family relationship, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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