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(영문) 창원지방법원 2017.08.24 2017노1607
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

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

2. Determination:

A. In light of the background leading up to each of the crimes of this case, which were duly adopted and examined by the court below, and various circumstances such as the defendant's behavior before and after the crime, it is recognized that the defendant had a mental disorder of class 3, but at the time of each of the crimes of this case, the defendant was unable or weak to discern things due to the above disability.

Since the defendant cannot be seen, the above argument by the defendant is rejected.

B. As to the allegation of unfair sentencing by the defendant and the prosecutor, the crime of this case was committed by the defendant through 13 times in total, and the nature and circumstances of the crime are not less than that of the crime, and the defendant was punished four times in the same crime (three times in total and three times in fine). In particular, in light of the fact that each of the crimes of this case was commenced from the time when the defendant completed the execution of punishment for the same kind of crime and when about two months elapsed, it is inevitable to sentence sentence.

However, in full view of all the circumstances that are favorable to the defendant, such as the fact that the defendant recognized and reflected each of the crimes in this case, four times among the crimes in this case were committed, and that the defendant agreed with the victims other than the victim K who stolen 50,000 won in cash from among 13 victims, and that each of the crimes in this case appears to have committed an act of solving board and lodging in a situation where there is no money while the defendant was living in a poor family environment, etc., and other circumstances that are favorable to the defendant, such as the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime, and circumstances before and after the crime, etc., the punishment imposed by the court below is too heavy or unfford.

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