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(영문) 대구지방법원 2015.11.13 2015노3647
상습절도
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two years of imprisonment, confiscation) is too unreasonable.

2. The judgment follows: although there are favorable circumstances for the defendant, such as the fact that the defendant recognized the facts charged in this case and against his mistake, and that part of the damaged goods were recovered by the victim, the defendant committed the crime in this case, including five times before and after the judgment of the court below, and the defendant committed the crime in this case with a lot of criminal records including criminal records and five times. Furthermore, the defendant committed the crime in this case only for seven months after the completion of the sentence of the same kind of crime, and the defendant did not commit the crime in this case, and the amount of the damage was 23 times, and the amount of the attempted theft and larceny was 20 million won, and the remaining damage, except the recovered part of the victim, was still not recovered, and the victim did not reach an agreement with the victims. The defendant committed the crime in this case mainly by intrusion on the apartment house, which is bad, it is judged that the defendant continuously committed the crime in this case, and thus, the risk of repeating the crime is considerably high, and there is no special reason to change the defendant's age and character, etc.

3. Accordingly, 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 groundless. It is so decided as per Disposition.

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