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(영문) 대구지방법원 2014.11.13 2014노3311
특수절도미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two years of imprisonment and confiscation) is too unreasonable.

2. The circumstances are that the Defendant’s mistake is divided and reflected, and the victim Q does not want the Defendant’s punishment are favorable to the Defendant. However, the instant crime committed by the victim’s intrusion into the victim’s workplace at night and the nature of the crime is not good. The Defendant again committed the instant crime during the period of repeated crime due to the same crime, and the victims’ failure to recover from damage are disadvantageous to the Defendant.

In full view of such circumstances, Defendant’s age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, circumstances after the crime, etc., it is difficult to deem that the sentence imposed by the lower court is too unreasonable.

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 ground that it is without merit. It is so decided as per Disposition.

(F) Article 25 of the Rules on Criminal Procedure provides that "No. 5, 2012." in the second sentence of the judgment of the lower court shall be deemed to be a clerical error in the name of " December 25, 2012."

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