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(영문) 대구지방법원 2018.04.27 2017노4329
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. Determination is a favorable condition that the Defendant recognized the instant crime and reflects his mistake, the amount of damage is relatively small, the Defendant is aged, and the Defendant’s health and economic conditions are not good.

On the other hand, the crime of this case was committed in the clothing store operated by the defendant, which stolen the clothes between the victim and the victim who neglected surveillance according to other customer's response, and the nature of the crime is not good, and it cannot be seen as a crime of living, and it did not reach an agreement between the victim and the present.

In full view of the above circumstances and the sentence of a fine reduced than the summary order in consideration of the favorable circumstances in the court below, and all other factors of sentencing as shown in the arguments in the instant case, including the Defendant’s age, sex, environment, family relationship, motive for committing the crime, means and consequence of 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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