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(영문) 대구지방법원 2019.08.09 2019노2261
절도등
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 judgment of the defendant acknowledges and reflects all of the crimes of this case, there are family members to support the defendant, the damage appears to have been partially recovered, and the defendant's family members want to have the wife.

However, it is also recognized that the defendant has already been sentenced to five times of punishment due to larceny, including one punishment for larceny, two times of probation, and that the criminal of this case has been repeatedly committed during the period of repeated crime due to the same crime, and that there is a risk of recidivism in light of the repetition of such larceny crime.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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

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