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(영문) 대구지방법원 2017.09.07 2017노2918
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable because it is too unreasonable to regard the punishment sentenced by the court below (two years and six months of imprisonment).

2. The lower court rendered the above sentence to the Defendant, taking into account the favorable circumstances, such as the Defendant’s confession, and the fact that the Defendant agreed with the victim E, under the circumstances that the Defendant committed each of the crimes of this case even during the period of repeated crime as well as several times of force.

In addition to the circumstances taken into account by the court below, the defendant shall take into account the fact that the defendant did not reach an agreement with the victimJ up to the trial of the party.

In addition, in full view of the Defendant’s age, sex, environment, health, background leading up to the commission of the crime, degree of participation in the crime, means and consequence thereof, size of the crime, circumstances after the crime, etc., the sentence imposed by the lower court appears to have been reasonable, and the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

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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