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(영문) 대구지방법원 2017.02.15 2016노5490
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant is recognized that his mistake is divided, and the theft-related card, cell phone, key to a mobile phone, automobile, and car has been returned to the victim G from the theft.

However, the defendant committed each of the crimes of this case without being aware of the period of repeated crime due to the same crime, even though he had been subject to juvenile protective disposition, fine, suspension of execution, and punishment several times due to the same crime, and there is no change in circumstances that may otherwise determine the age, sex, environment, motive, means and consequence of each of the crimes of this case, and the scope of recommended sentencing guidelines established by the Sentencing Committee of the Supreme Court, such as the circumstances after the crime, are too unreasonable, considering all of the sentencing conditions stated in the arguments of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of each of the crimes of this case, etc.

Therefore, the 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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