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(영문) 대구지방법원 2019.08.14 2019노1419
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment and of confiscation) by the lower court is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant recognized his mistake and reflected his mistake, that some damaged goods were temporarily returned, and that the defendant's health status is not good.

However, the defendant committed a crime by removing the correction device of the entrance entrance of the apartment entrance in which the victims reside by using force chains, etc., such as cutting off the entrance, cutting away the damaged goods, etc., and the method of crime is disturbed, interview and interview, and the amount of damage is very heavy.

Until the trial, they did not agree with the victims.

Furthermore, the defendant has a criminal record of several crimes of the same kind, and has committed each of the crimes of this case at the same time during the period of repeated crime due to the same kind of crime, and there is a high possibility of criticism.

In full view of such unfavorable circumstances and other circumstances as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, etc., it cannot be deemed that the lower court’s sentence is too unreasonable to the extent that it is deemed that the Defendant exceeded the reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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