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(영문) 대구지방법원 2020.02.19 2019노4648
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment for a maximum of five months, the short of three months, and the fine of two hundred thousand won) declared by the court below is too unreasonable.

2. It is recognized that the judgment of the defendant is still a juvenile who has yet to be aged and is against his/her will while committing a crime.

However, in full view of the following circumstances: (a) the Defendant was sentenced to a suspended sentence of three years on April 5, 2019 for a special larceny, etc. and sentenced to a suspended sentence of three years on March 5, 2019; (b) the Defendant committed the instant crime again in three months and three months; (c) the Defendant was already subject to juvenile protective disposition several times for the same type of crime; (d) the Defendant’s age, character and conduct, family relation, environment, motive and circumstance of the crime, means and consequence of the crime; and (e) other circumstances indicated in the records and arguments, such as the circumstances after the crime, etc., it cannot be said that the lower court’s sentencing exceeded the reasonable scope of discretion or is unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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