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(영문) 청주지방법원 2016.01.08 2015노1272

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant appears to have committed all of the instant crimes and committed a mistake.

In addition, the Defendant, as of August 10, 2014, was sentenced to imprisonment for ten months with prison labor, and was released from prison, and the Defendant was under economic difficulties due to non-registration of basic livelihood recipients on the ground that there is no certain address after being released from prison, and committed each of the crimes of this case (the first crime was August 23, 2014).

Moreover, there are extenuating circumstances for the defendant to be considered favorable to the defendant, such as the fact that the defendant committed an act of destroying lock devices other than each theft crime, or did not commit another crime accompanying the theft crime, that the victim Y and AB submitted a written application that the defendant does not want the punishment against the defendant, that the health condition is not good, such as suffering from high blood pressure and disks, and that the school was out of the school due to the business failure of the high school due to the business failure at the high school level, and that the defendant started work from the age after leaving the school, and that the wife and the siblings were dead, and the parents and siblings died and living alone without family.

However, in light of the fact that the Defendant invadeds on the victims’ residence at night and steals or attempted theft over a total of 30 times, and that the Defendant committed a crime repeatedly by intrusioning another’s house at night, and that there was a serious risk of causing more serious damage, such as the occurrence of a serious damage, etc., the crime of this case’s illegal punishment is more serious.

Moreover, on August 1, 2013, the Defendant was sentenced to 10 months of imprisonment with prison labor due to night intrusion larceny at the Cheongju District Court on August 1, 2013 and began to commit the instant crime despite the fact that the execution of the sentence was completed in a public prison on August 10, 2014, and that the period of repeated crime has not been passed by two weeks.

In this regard, the defendant is the defendant.