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(영문) 대구지방법원 2016.08.17 2016노1665
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant recognized all of the crimes of this case and is in profoundly against the victim, and there was an agreement with some victims, and a considerable number of damage were seized, and thus returned to the victims.

In addition, the defendant still has to raise two children, and his spouse is complaining of the defendant's wife.

However, the instant crime committed was committed by the Defendant at night more than ten times during the period from April 2014 to January 2, 2016, and was committed by the victims, and committed an attempted theft or theft of property owned by the victims. In light of the method of the crime, period and frequency of the crime, and amount of damage, etc., in light of the method of the crime, such as intrusion upon the entrance door or the door door door door, etc. in some cases, and the crime committed is very bad.

In addition, the defendant did not reach an agreement between the victims with a large amount of damage and the parties, and did not make any effort to recover damage.

In addition, the defendant has been sentenced two times or more as a crime of the same kind.

In addition, considering the fact that there is no particular change in the sentencing conditions compared with the original judgment as the new sentencing data has not been submitted in the trial of the political party, and considering the following circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

3. 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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