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(영문) 청주지방법원 2016.08.11 2016노412

특수절도등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was mentally and physically deprived or physically in a state of mental and physical weakness.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. Even when considering all the circumstances indicated in the record, such as the background, means and method of the instant crime, and actions before and after the instant crime, the Defendant was physically and mentally deprived or physically weak at the time of each of the instant crimes.

It is difficult to see it.

Therefore, the judgment of the court below that found all of the facts charged of this case guilty and did not reduce mental and physical weakness is just and acceptable.

This part of the defendant's assertion is without merit.

B. Circumstances unfavorable to the Defendant regarding unfair determination of sentencing are as follows.

It is not good that criminal law is committed by destroying windows at night and impairing dwelling and committing larceny.

The defendant has been subject to criminal punishment several times due to the same crime, and some of the crimes of this case have been committed during the period of repeated crime due to the same crime.

However, there are the following favorable circumstances for the defendant.

The defendant recognized all of the crimes of this case and is against the law.

Because of economic difficulties, the defendant seems to have caused each of the crimes of this case.

Some of the crimes were attempted.

The amount of damage suffered by individual victims is not significant.

The defendant agreed with all victims for the time of the trial, and the victims are seeking a prior action against the defendant.

Defendant is old and healthy.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment is too unreasonable.

3. Conclusion.