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(영문) 대구지방법원 2021.02.17 2020노4276
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

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

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the Defendant confessions and reflects the Defendant, and that there is a mental disorder with the polar dynamic disorder.

However, in full view of the various circumstances revealed in the records and arguments of this case, such as the theft of another person's property, injury, assault to police officers or victims, several victims are placed, the victims are not agreed with the victims, and criminal records of the same kind are located, the punishment sentenced by the court below is not heavy.

3. According to the 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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