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(영문) 대구지방법원 2016.06.03 2016노1309
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The 6-month imprisonment with prison labor declared by the court below is too unreasonable.

2. The judgment of the court below is recognized as all the facts charged in this case and it is against the principle that the punishment of this case should be imposed to the punishment for which the previous suspension of execution was invalidated and suspended in the event that the sentence in this case is finalized, but it is recognized that the defendant should also serve together with the punishment for which the previous suspension of execution was invalidated. Meanwhile, the defendant has a record of being sentenced 6 times of juvenile protective disposition for the same thief crime, one fine, and the defendant committed the crime in this case without being aware of during the suspension of execution period, the defendant did not agree with the victims up to the time of the crime in this case, there is no special change of circumstances to change the sentence after the decision of the court below, and there is no other reason to change the sentence in the court below's age, sex behavior, environment, family relationship, and all the conditions of sentencing as shown in the records and arguments

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

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