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(영문) 대구지방법원 2019.10.18 2019노2373
절도등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (10 months of imprisonment with prison labor and one year of imprisonment with prison labor) declared by the court below to the Defendants is too unreasonable.

2. The judgment of the court below led to the confession of each narcotics-related crime in the court below. Defendant A led to the confession of the thief crime against the wrong fact, and the Defendants reported the marriage during the process of the thief and did not repeat the crime. The circumstances favorable to the Defendants are as follows.

However, in light of the addiction of narcotics and the harm caused by medication of narcotics, etc., the crime of narcotics need to be strictly punished and eradicated; the Defendants have the criminal record of criminal punishment for narcotics; Defendant A committed each of the crimes of this case without being aware of the fact that Defendant A was under suspension of execution due to larceny; Defendant A did not agree with the victim of larceny; Defendant A committed each of the crimes of this case without being aware of the fact that he did not agree with the victim of larceny; and Defendant A’s age, character and behavior, environment, motive and circumstance leading to the crime of this case, means and consequence of the crime of this case; and all of the sentencing conditions indicated in the records and arguments of this case, such as the circumstances after the crime, etc. are considered as inappropriate. Accordingly, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.

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