(영문) 대구지방법원 2016.10.27 2016노2943 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.10.27 2016노2943

야간건조물침입절도등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (six months of imprisonment).

2. Determination

A. The lower court determined that there were extenuating circumstances, such as the following: (a) the Defendant’s perception of all of the crimes, against the Defendant’s mistake; (b) the amount of larceny damage is relatively minor; (c) the victim has compensated for the Defendant’s damage; and (d) the victim has not been punished; and (c) the Defendant has been subject to suspended execution due to the same crime under the same law; (b) however, the instant crime was committed in a state of disqualification for suspended execution, without being familiar with the grace period; and (c) the Defendant has been subject to suspended execution due to the crime related to larceny; and (d) the Defendant has much history of having been punished due to the crime related to larceny; and (e) the Defendant has weak social relationship.

B. The crime committed before by the Defendant was committed by intrusion on the office at night and operated a motor vehicle without purchasing a mandatory insurance policy, and thus, the Defendant committed the crime of this case under the same Act during the grace period, which was sentenced to a suspended execution due to the above crime, and thus, there is considerable possibility of criticism.

Although the amount of larceny damage is less than the amount of larceny, it is difficult to view that the defendant does not have any risk of recidivism.

In addition to the sentencing circumstances taken into account earlier, there is no circumstance that the lower court’s determination of the sentencing was deemed to have exceeded the reasonable bounds of its discretion or to be unfair to maintain it as it is, in full view of the following circumstances: (a) the Defendant’s age, character and conduct, environment, the circumstance that the Defendant ought to support his family; and (b) the circumstances before and after the commission of the crime.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Moreover, the lower court is the lower court.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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