beta
(영문) 수원지방법원 2018.01.12 2017노6180

절도등

Text

Part 2 of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

Of the judgment of the court of first instance, the defendant is the defendant.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by each court below (the first instance judgment: the imprisonment of two months and the second instance judgment of the first instance court: the imprisonment of one year and six months, and the second instance court of the second instance: the imprisonment of one year and six months) is too unreasonable.

(b)the sentence sentenced to the second instance judgment of the Prosecutor is too unhued and unreasonable;

2. Of the judgment of the first instance court, the judgment of larceny, etc. as stated in the judgment of the first instance on the Defendant’s argument that the sentencing of the crime No. 1 as indicated in the judgment of the first instance against the crime No. 1 as indicated in the judgment of the first instance becomes final and conclusive between the crime of larceny, etc. as indicated in the judgment of the first instance court, and each crime of the first instance judgment is not in a concurrent crime as

The fact that the defendant repents and reflects his mistake, and that the thief crime against the victim D did not cause substantial damage to the defendant due to the attempted larceny is favorable to the defendant.

On the other hand, the above crime is a situation unfavorable to the defendant, such as the fact that the defendant shouldered the entrance door, intruded into the house of the victim D, and attempted to steal the property, and the nature of the crime is not good, that there was a considerable number of criminal records including the punishment for the same crime, that it was a crime committed during the period of repeated crime due to the same crime, and that it did not reach an agreement with the victim.

In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is not recognized that the first instance judgment is too unreasonable due to its excessive punishment imposed on this part of the crime.

Therefore, the defendant's above assertion is without merit.

3. Ex officio judgment (Article 2 of the judgment of the court of first instance, and Article 2 of the judgment of the court of first instance), prior to the judgment on the reasons for appeal by the defendant and the prosecutor, this court tried by combining this part of the judgment of the court of first instance, and each of the crimes of Articles 2 and 2 of the judgment of the court of first instance and the judgment of the court of second instance, shall be the upper part of Article 37 of the Criminal Act.