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(영문) 대구지방법원 2019.06.14 2019노1300
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. It is recognized that the judgment of the defendant recognized all of the crimes of this case, committed recidivism, committed recidivism, committed by the victim, agreed with the victim, there is a family member to support the defendant, such as elderly mother, etc., the defendant's economic situation is difficult, the defendant's health is insufficient, and the defendant's family members want to take the preference.

However, the defendant had already been sentenced to the total two times of punishment, including one time of suspended execution due to driving without a license, and in particular, on June 28, 2018, the two-year judgment of suspended execution was finalized on August due to driving without a license. It is also recognized that the period of suspended execution was about one month from the date when the above judgment became final and conclusive.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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