2011No430 Violation of the Aggravated Punishment, etc. of Specific Crimes (Larceny)

A

Defendant

Ma-Mad-Ma

Attorney K (Korean National Assembly)

Daejeon District Court Decision 2011Gohap58 Decided October 20, 2011

December 23, 2011

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

The sentencing of the lower court (four years of imprisonment) is too unreasonable.

2. Determination

The court below, where the crime of this case was committed again within three years after the execution of the sentence was completed by being sentenced twice or more to habitually larceny of the same kind, and the sentence of imprisonment is imposed for a limited term of punishment for the defendant more than three years. The defendant, from 21 years to 32 years, committed the crime of this case, such as the same kind of larceny, quasi-rape, quasi-rape, injury, etc., even though the term of punishment is 15 years and 8 months in total after release, does not seem to have any particular rehabilitation intent after release, and repeated the crime of this case within a short period of time. In the course of investigation, the court below denied some of the circumstances of the crime of this case or the whereabouts of stolen goods, and made a statement to the effect that they are responsible for drinking or external environment during the trial, and thus, did not seem to have any serious reflection or reflect nature of the crime of this case, the victim did not have any damage to the victim and the victim's wish to be punished, taking into account the following factors, including the defendant's motive and appearance of the defendant's living environment, etc.

3. Conclusion

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Lee Dong-won

Judges O Young-young

Judges Lee Yong-soo