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(영문) 대구지방법원 2018.11.30 2018노1674
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the court below (the penalty amounting to 500,000 won) is too unreasonable (the allegation of misunderstanding legal principles was withdrawn). 2. Determination by the court below is acknowledged as follows: (a) the defendant recognized his/her mistake and reflects it; (b) the defendant is aged 79 years old; (c) the health conditions of the victims are not good due to Alznz's disease; (d) the victims were returned to the victims; and (e) the victims do not want

However, it is also recognized that the defendant has been sentenced to a fine due to the same crime, and that he/she has been absent twice on the trial date of the party deliberation, and does not engage in a trial faithfully.

In addition, in full view of various circumstances, such as the character, conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

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

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