(영문) 수원지방법원 2017.09.29 2017노4893 | 리걸엔진

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(영문) 수원지방법원 2017.09.29 2017노4893

절도등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the crime No. 1, No. 2 of the judgment of the court below: Imprisonment with prison labor for 2 months of suspended execution, No. 2-b of the judgment of the court below, and C: Imprisonment with prison labor for 6 months) is too unreasonable.

2. Determination:

A. There are extenuating circumstances for the crime No. 1 and No. 2 of the holding, such as the fact that the defendant recognized the crime of this part and divided his mistake, that the defendant restored the stolen damaged goods, that the use fee of the PC was a small amount, that has not been paid, that has a growth environment of the defendant, and that the defendant should consider the equity in the case of the judgment at the same time as that of the judgment of the judgment of the court below with respect to the crime of this part.

However, this part of the crime is likely to be criticized in that the defendant used the PC without the intention or ability of the defendant to pay service charges, stolen a PC in a hospital where he entered the hospital, and the nature of the crime is not less than that of the crime, and the defendant has already been punished several times for the same crime, and the defendant has already been punished several times for the same crime on March 15, 2017.

In light of the following circumstances, the Defendant’s age, sexual conduct, environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, the sentence of this part of the lower court is too unreasonable.

B. No. 2-b of the holding, there are extenuating circumstances for the defendant, such as the fact that the defendant recognized this part of the crime and divided his mistake, that the PC room usage fee not paid by the defendant is a small amount, and that the growth environment of the defendant is poor.

However, this part of the crime is the crime using the PC in the absence of the intention or ability of the defendant to pay the service fee.

유사 판례

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