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(영문) 대전지방법원 2013.03.20 2012노2773
절도미수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., in a case where the Defendant committed the instant crime, and in light of all the circumstances, such as the fact that the instant crime was committed in an attempted attempt, the punishment imposed by the lower court (6 months of imprisonment) is too unreasonable.

2. The fact that the Defendant appears to be against the Defendant, and that the instant crime was caused to the instant crime due to economic difficulties, and the fact that the instant crime was committed against the attempted crime is recognized.

However, the crime of this case was committed at night on October 14, 2012 at night, when around 20:10, and the defendant was discovered by opening the door of the victim's vehicle and displaying the objects to be stolen by entering the vehicle inside the vehicle in preparation for hand, lock, etc., and thus, the quality of the crime is not good in light of the applicable law, etc., even though the defendant had been punished four times of imprisonment for the same kind of crime, it is more likely that the crime of this case is committed without being divided, and it is more likely to be subject to criticism because the defendant did not have been agreed with the victim, and was not used by the victim, and all other circumstances, such as the defendant's age, character, character, environment, circumstances of the crime of this case, and circumstances after the crime, etc., the sentence of the court below is judged to be proper and too unreasonable. Thus, the above 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 since it is without merit. It is so decided as per Disposition.

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