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(영문) 청주지방법원 2016.10.27 2016노608
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (3 years of imprisonment with prison labor for the crimes of No. 1 in the original judgment) of the court below is too unreasonable as the punishment of the court below (6 months of imprisonment with prison labor for the crimes of No. 1 in the original judgment, and for the crimes of No. 1-B and 2 through No. 6

(2) The circumstances favorable to the defendant are as follows: (a) The defendant explicitly withdraws his assertion of mistake on the date of the first instance trial; (b)

The defendant is deeply divided and reflected in each of the crimes in this case.

Some of the crimes in the poor family environment means that the defendant committed a crime in the future with the juvenile's prison life or with the juvenile at home.

In the first instance, the defendant agreed with the victim BG (Article 3-1 of the original facts) and BZ (Article 5 of the original facts) and the victims sought the measures against the defendant.

In the case of a partial crime, the equity shall also be taken into consideration in the case of a judgment received concurrently with the criminal facts entered in the first head of the original judgment.

The defendant supported his wife and young children by marriage around October 2015.

The family members of the defendant want to keep the defendant from repeating again after the release of the defendant, and want to take the defendant's preemptive action.

Circumstances unfavorable to the defendant are as follows:

The defendant's number of crimes has reached several times, and there is no good way to commit crimes, such as using forged documents, or price the head of the victim with the view to the open-gate, which is a dangerous object, and some victims are also injured.

The defendant committed a part of the crime during the period of suspension of execution due to the same criminal act, and even while being tried at the court of original instance, re-offending several times.

(The defendant was released by the court below after being tried to forward the case to the Juvenile Department under detention, and the prosecutor's appeal on the case of forwarding the case to the Juvenile Department was accepted, and the above decision was revoked). The defendant did not reach an agreement with most victims.

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