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(영문) 대전지방법원 2015.11.05 2015노2815
상습절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., the two-year imprisonment) of the lower court against the Defendant is too unreasonable.

2. The Defendant appears to have recognized his mistake and reflect in depth, and some victims seem to have relatively minor in the amount of damage suffered by the victims without wanting to punish the Defendant, and some damage items are deemed to have already been returned to the victims, etc. However, in light of the circumstances favorable to the Defendant, such as the nature of the crime in this case, and the fact that the Defendant again committed the crime in this case even though there had been the past record of punishment for the same kind of crime, including the fact that the Defendant was sentenced to punishment for the crime in this case, etc., the fact that the Defendant again committed the crime in this case is disadvantageous to the Defendant. In addition, other circumstances such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, which are assessed to have exceeded the reasonable limit of discretion in sentencing determination, or that there is no newly presented data in the course of the trial of sentencing determination (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015).

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

However, among the facts charged by the lower judgment, it is evident that the 7th and 15th of the judgment of the lower court were erroneous. As such, among the 2nd of the judgment, the 7th of the lower judgment, the 7th of the 7th of the 7th of the 7th of the 7th of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 7nd of the 7nd of the 7nd of the 3nd of the 3rd of the 3rd of the 3

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