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(영문) 대구지방법원 2018.01.25 2017노4923
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The lower court sentenced the above punishment by taking account of favorable circumstances, such as the Defendant’s violation method, theft amount, and partial crime, the Defendant’s failure to make any effort to recover from damage, etc., under the circumstances where the Defendant was sentenced several times as having been sentenced to a punishment for the same kind of crime, and the Defendant committed the crime of this case even after being released from the prison, even though he was sentenced to a repeated crime, and the Defendant did not know about the fact that he was committed during the period of the repeated crime, and that he did not make any effort to recover from damage, etc., the Defendant’s mistake is divided, and the Defendant committed the crime in a situation of economic difficulty as a person with disabilities with intellectual disability

In full view of the circumstances taken into account by the lower court, that the lower court already mitigated the amount of punishment and sentenced to a sentence lower than the lower statutory penalty, and all of the sentencing conditions, including the Defendant’s age, sex, environment, background leading up to the commission of the crime, means and consequence, scale of the crime, and circumstances after the crime, the sentence imposed by the lower court is deemed reasonable, and the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). Therefore, as claimed by the Defendant, the lower court’s sentencing is too unreasonable because it is too unreasonable.

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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