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(영문) 대구지방법원 2013.10.11 2013노1865
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the defendant made confession of the crime of this case against his mistake while making a confession; (b) the amount of damage does not exceed KRW 21 million; (c) the amount of damage was repaid at the investigation stage; and (d) the defendant did not have any criminal record of the same kind of crime; (c) although it is recognized that the defendant was an employee of the victim, he was unaware of trust relationship with the victim; (d) the defendant committed a theft of 21 million won; and (e) the quality of the crime was defective; (e) the defendant did not pay damages to the trial; (e) the victim was not able to pay severe punishment to the defendant; (e) the victim was tried to escape during the trial of the court of first instance; and (e) all the sentencing factors indicated in the arguments of this case, such as the defendant's age, character and conduct, environment, the circumstances of the crime of this case; and (e) the circumstances after the crime, etc., the above argument by the court below is unreasonable.

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

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