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(영문) 대구지방법원 2016.12.23 2016노4313
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, confiscation, and return) imposed by the court below is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the defendant recognized the facts charged in this case; (b) the total amount of damage caused by the crime in this case was not much higher than 4,718,00 won; (c) the defendant agreed with the victim'sO, M, and G in the court below; and (d) some damage was returned to victims; (b) there are favorable circumstances for the defendant; (c) on the other hand, the crime in this case was committed by the defendant by means of cutting down damaged goods inside the vehicle by inserting the drick in the stud window of the vehicle; (d) the nature of the crime is not less and less in light of the Criminal Act, the frequency of the crime, and the number of victims; (e) the defendant was sentenced one time to suspended sentence due to robbery; (e) the punishment was imposed for a larceny crime more than twice; and (e) the defendant committed the crime in this case during the period of a repeated crime due to the same kind of larceny; and (e) the defendant's age and circumstances after the change of circumstances following the judgment below's sentencing are not acceptable.

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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