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(영문) 대구지방법원 2016.07.08 2016노1882
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is justified in the case of this case where the defendant recognized all of the facts charged in this case, recognized the facts charged in this case, brought up in an unstable family environment, was not in an economic situation, and there is no age favorable to the defendant. However, in light of the method and frequency of the crime, etc., the quality of the crime in this case is not good, the defendant did not agree with the victims, the defendant was issued a juvenile protective disposition more than 10 times for the same theft crime, the defendant committed the crime in this case even though he had been under the protective observation period, and the special larceny committed the crime in this case even though he had been under the protective observation period, and the statutory punishment for special larceny is deemed to have been sentenced to a maximum sentence of court by means of reduction of the amount, taking into account the above favorable circumstances against the defendant, and in other cases where there is no other reason for legal mitigation, the court below's punishment is too unfair since the court below's punishment is too inappropriate, considering all the conditions of the records and arguments in this case, such as character, environment, family relationship, and circumstances after the crime.

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

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