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(영문) 대구지방법원 2018.11.01 2018노3256
상습절도
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (one year of imprisonment) is too unreasonable.

B. Prosecutor 1) According to the evidence submitted by the Prosecutor of the misunderstanding of the facts and the misapprehension of the legal doctrine, the defendant is habitually aware of the theft habit.

2) The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.

2. The lower court’s determination as to the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine, in light of the circumstances stated in its reasoning, does not recognize habituality as it is difficult to view each of the instant crimes as the creation of the Defendant’s

The decision was determined.

The judgment below

Examining the reasoning of the lower court compared with the evidence examined, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion

3. The Defendant had repeatedly committed each of the instant crimes within the short period of suspension of the execution of imprisonment due to the same kind of crime.

The defendant did not agree with the victims.

One part of the damage was returned to the victim.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment, the sentencing of the lower court is not unfair.

4. The appeal filed by the Defendant and the prosecutor is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act (Article 329 of the Criminal Procedure Act applicable to the crime of 1. In the judgment of the court below, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 342, and Article 329 of the Criminal Act (Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 322 of the Criminal Act, Article 329 of the Criminal Act, and Article 329 (Article 36 of the Criminal Procedure Act, Article 329 (Article 36 of attempted larceny, and Article 1

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