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(영문) 대구지방법원 2019.08.30 2019노2040
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the defendant include the fact that the defendant led to the confession of the crime of this case, the damage was returned, and the defendant did not want the punishment of the defendant under an agreement with the victim.

However, the Defendant did not know of having been sentenced to imprisonment several times for the same crime, and committed the instant crime during the repeated crime period. The lower court, taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions specified in the records and arguments, such as the circumstances after the instant crime, is unreasonable, and thus, the Defendant’s assertion is without merit.

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

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