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(영문) 창원지방법원 2016.01.14 2015노2631
특수절도등
Text

Defendant

The judgment of the court below against B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a maximum term of one year and two months, and a short term of ten months.

Reasons

1. The defendants of the grounds for appeal asserts that the punishment imposed by the court below (one year and a short-term of one year and a short-term of one year and a short-term of one year) is too unreasonable.

2. It is recognized that Defendant A still has been a juvenile up to the date of Defendant A, the fact that Defendant A recognized the instant crime and reflects the mistake, and that Defendant A agreed with the victim AD and AG of the 2015 senior group 808 case.

However, Defendant A’s crime of this case committed several times and theft of cash, precious metals, etc. was heavy, and most of the victims were not recovered from the case to the trial of the case despite the number of victims and damage, and even if there were several criminal records having been subject to juvenile protective disposition several times of the same criminal record, the fact that Defendant A committed the crime of this case, etc. is committed under the unfavorable circumstances of Defendant A, and there is no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower judgment. In full view of the various circumstances, including Defendant A’s age, sexual behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., as well as the conditions of sentencing as indicated in the arguments and records of this case, it is not recognized that the lower court’s punishment is unfair because it is excessively unreasonable.

Therefore, Defendant A’s assertion is without merit.

3. In light of the fact that the crime of this case committed by Defendant B by Defendant B was committed by intrusion upon another person’s residence, store, etc. on several occasions, and the case was heavy, and that most of the damages have not been recovered to the trial even though the majority of the victims and the victims did not have much damage, it is inevitable to sentence Defendant B with a sentence.

However, Defendant B is still a juvenile until now, the fact that the instant crime is recognized and the mistake is against the victim AD and AG of the 2015 senior group 808 senior group, and the fact that it was agreed with the victim AD and AG of the 2015 senior group, and the suspension of indictment was imposed on the violation of the Electronic Financial Transactions Act around June 2015.

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