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(영문) 대전지방법원 2017.11.01 2017노2700
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years and six months of imprisonment) is too unreasonable.

2. A favorable circumstance is that the Defendant recognized the instant crime and reflected the instant crime, and that the economic situation seems to be difficult.

However, the defendant has been punished several times for the same crime (suspension of execution, suspension of sentence, and punishment), and the fact that the defendant again committed the crime of this case during the period of repeated crime due to the same crime, and that it seems that the victim did not agree with the victim, and that the damage recovery measures have not been taken properly.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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