beta
(영문) 수원지방법원 2018.01.19 2017노8244

야간건조물침입절도등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (the first and second crimes as indicated in the lower judgment: imprisonment with prison labor for six months, and the third crimes as indicated in the lower judgment: fine of one million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment of larceny, etc. becomes final and conclusive between the crimes No. 1 and No. 3 of the judgment of the court below as to the crimes No. 1 and No. 2 of the judgment of the court below and the judgment of the court below as to the crimes No. 1 and No. 3 of the judgment of the court below, and each of

The fact that the defendant repents and reflects his mistake, each crime committed against the victim D and G is limited to attempted crimes, and the crime committed against the victim J is not significant in the amount of damage, which is favorable to the defendant.

On the other hand, there is a record that the defendant has been punished several times for the same crime, in particular, the fact that the defendant committed the above crime in addition to the probation period for the same crime, and that there is no agreement with the victims, etc. are disadvantageous to the defendant

In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive for the commission of a crime, and circumstances after the commission of a crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. The circumstances favorable to the defendant are that the defendant's judgment on the crime No. 3 in the holding of the court below divided and reflected his mistake, and that the amount of damage is not significant.

On the other hand, the fact that the defendant has been punished several times due to the same crime, and that it seems that the damage has not been recovered, etc. are disadvantageous to the defendant.

In addition, taking into account all the sentencing conditions and equity in the case, such as the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc., of larceny, etc., which became final and conclusive, the sentence of the court below is too heavy or uneased.