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(영문) 대구지방법원 2019.01.16 2018노3788
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: (a) the Defendant recognized all of the instant offenses; (b) the Defendant divided his mistake; (c) the total amount of damage was not significant; and (d) there appears to be room for constituting a living type crime.

On the other hand, the fact that the defendant did not know about the fact that he had been punished four times for the same crime, and committed repeatedly each of the crimes of this case during the repeated crime period, did not recover from damage, and did not agree with the victims, etc. are disadvantageous to the defendant.

In addition, if there are no special circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment, and all of the sentencing conditions specified in the records and arguments of this case, such as the age, character and conduct, environment, motive and circumstance of the crime, etc. of the Defendant, are taken into account, the sentence of the lower court is too unreasonable.

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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