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(영문) 대구지방법원 2017.04.28 2016노3212
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won in penalty) is too unreasonable.

2. The judgment is a favorable condition for the following reasons: (a) the Defendant led to the confession of the instant crime while committing the instant crime; (b) the amount of damage caused by the Defendant’s instant crime was not so significant; (c) the stolen steel signboard was returned to the victim H; and (d) the victims did not want the punishment of the Defendant by mutual consent with the victims.

However, the defendant has the records of the same crime, and the court below seems to have sentenced to a fine reduced than the summary order, taking into account the favorable circumstances of the defendant, and there is no change in circumstances that could change the punishment prescribed by the court below.

In addition to the above circumstances, considering the defendant's age, sex, environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records, etc., all of the sentencing conditions as shown in the records and arguments in this case, the sentence sentenced by the court below cannot be deemed unfair.

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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