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(영문) 대구지방법원 2019.01.17 2018노4146
절도미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The lower court rendered the above sentence, taking into account the following favorable circumstances: (a) the Defendant had been punished for the same kind of crime several times; (b) the Defendant had committed a crime to recognize and reflect his/her mistake; and (c) the Defendant stated that he/she committed a crime to raise the hospital expenses for the mother-child; and (d) the Defendant expressed that he/she will faithfully gather her mother-child without repeating the crime in the future; and (b) he/she expressed that she would be

In full view of the fact that there is no change in circumstances to change the sentencing of the lower court, other than the flexible and unsound circumstances taken into account by the lower court, and all other conditions of sentencing, including the Defendant’s age, character and conduct, environment, background leading to the commission of the offense, means and consequence, size of the offense, and circumstances after the commission of the offense, it cannot be deemed that the lower court’s judgment exceeding or maintaining the reasonable limit of discretion is unreasonable.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, the Defendant’s above assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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