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(영문) 수원지방법원 2016.07.14 2016노3001

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the purport of the appeal by the defendant and his defense counsel (unfair sentencing) and the fact that the defendant commits each of the crimes of this case by drinking alcohol and contingently, the amount of damage is minor, and the defendant has no record of punishment for the same kind of crime, the sentence of the court below that sentenced one year to imprisonment is too unreasonable.

2. The crime of this case was committed on September 14, 2005 by the Defendant who invaded the residence of the victims and stolen property, and the Defendant was sentenced to imprisonment for three years and six months due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) at the Seoul High Court on August 2009, and was sentenced to five years for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc. in Residence) at the Seoul High Court on April 26, 2014. The Defendant committed the crime of this case during the repeated crime period after the execution of the sentence was completed, and the damage of the crime of this case was entirely a woman’s clothes and the Defendant committed the crime of this case in order to protect himself from stolen women’s clothes.

In light of the above, the defendant's statement and the defendant's place of residence had a large number of female clothes in addition to the damaged body of the crime of this case. In addition, in order to solve his sexual desire, there is a high possibility that the defendant would again commit the same crime, and there is a risk that the defendant would not merely commit the crime of larceny and harm another person's body, and there is no compensation for damage up to the trial. In full view of the defendant's age, sex, sex, environment, motive and background of the crime, means and method of the crime, degree of damage, circumstances after the crime, etc., and all of the sentencing conditions in the records and arguments of this case, such as the records and arguments of this case, even if considering the circumstances alleged in the grounds for appeal, the court below's punishment is too unreasonable, and therefore, the above assertion is without merit.

3. The appeal by the defendant is in conclusion.