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(영문) 대구지방법원 2014.04.04 2014노156
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is in favor of the defendant who led to the confession and reflect of all of the crimes of this case, and the amount of damage caused by the crime of this case is not significant. However, although the defendant had been sentenced three times to imprisonment for the same kind of crime, the defendant committed the crime of this case during the repeated crime period of which one year has not passed since he was sentenced to imprisonment for the same crime (one year of imprisonment), the defendant did not agree with the victim, and the damage was not recovered, the scope of recommended punishment according to the sentencing guidelines of the Supreme Court (basic crime: : 4 types of theft against general property : theft, aggravated element - the same repeated crime, and aggravated area) is from 1 year to 4 years, and the court below appears to have sentenced 8 months of imprisonment beyond the minimum recommended sentence, taking into account the favorable circumstances of the defendant, and considering all the circumstances of the defendant's favorable to the defendant, there is no reason to believe that the above defendant's punishment is undue.

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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