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(영문) 대구지방법원 2019.07.18 2019노1738
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (two years of imprisonment) is too unreasonable.

2. The judgment defendant recognized a mistake and is against the law, and has no record of being subject to criminal punishment in the Republic of Korea as a foreigner.

The profits that the defendant acquired through the crime is relatively little.

However, the crime related to Bosing is committed in a systematic, planned, and intelligent manner to cause serious damage to many unspecified victims, and it is not easy to recover the damage, and there is a need to punish the persons who committed the crime in a general and preventive manner because the social harm caused by it is very serious.

The defendant was involved in the crime, such as theft of money directly entering the victim's residence, etc., and the victim's damage was not recovered.

In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the lower court’s sentencing is not unfair.

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

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