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(영문) 대구지방법원 2016.06.17 2016노1388
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (6 months of imprisonment, 6 months of confiscation) on the summary of the reasons for appeal is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized the facts charged in this case, the considerable part of the damaged goods is returned, and if the sentence in this case becomes final and conclusive, the previous suspended sentence should be returned together to the punishment that has been invalidated and suspended. Meanwhile, the crime in this case is not likely to be committed in light of the defendant's method of committing the crime, etc. because the defendant damaged or intruded the correction device and stolen the damaged goods at night, and the crime in this case is not committed in this case, the crime in this case is committed one time of suspended sentence due to the same thief crime, one time of suspended sentence due to the same thief crime, one time of the suspended sentence due to the crime in this case, and the defendant who has served one fine, and there is no special change in circumstances that can change the sentence in the court below after the sentence of the court below was sentenced, and there is no other special circumstance that the defendant's punishment in this case's age, sex, environment, family relationship, and circumstances after the crime. Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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