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(영문) 대구지방법원 2016.01.22 2015노4825
상습절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (three years and six months) on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the court below is in favor of the defendant, such as the confession of the crime of this case and the fact that there is no economic situation. However, the crime of this case is likely to be committed repeatedly with the victim's attempted theft or theft of property by infringing upon the victim's right by using a date dricks over 152 times from October 2014 to May 2015, and thus damaging the correction device, etc., it seems that the crime of this case is not likely to be committed repeatedly considering the period and frequency of the crime, expertise and interview with the law of the crime, danger of the crime itself which can expand or develop as a serious crime, and it is doubtful that the defendant did not endeavor to recover from the same kind of crime after being sentenced to punishment for the same kind of punishment as the crime of this case, even though the sum amount of damage caused by the crime of this case exceeds KRW 330 million, and there is no possibility that the defendant would have been repeatedly sentenced to criminal punishment for the same kind of crime after being sentenced to punishment for 21 months after the end of the crime of the crime of this case.

3. In conclusion, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.

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