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(영문) 대전지방법원 2013.08.29 2013노817
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The 8-month imprisonment sentenced by the court below is too large and unfair.

2. Taking into account the following factors: (a) the Defendant committed each of the instant crimes without being aware of the fact that he/she had been sentenced nine times or more times to imprisonment for the same larceny; (b) the victims did not reach an agreement; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime; and (d) various sentencing conditions stipulated in Article 51 of the Criminal Act, including the circumstances before and after the commission of the crime, etc., the sentencing of the lower court is too unreasonable.

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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