(영문) 광주지방법원 2016.11.17 2016노2641 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 광주지방법원 2016.11.17 2016노2641

절도등

Text

The judgment below

Of the crimes of No. 2 in the judgment of the court, the part concerning the attached No. 10 to 13 and the judgment No. 3 in the list of crimes.

Reasons

1. The summary of the grounds for appeal is that the court below's punishment (as stated in the list of offenses No. 1 and No. 2 of the judgment: Imprisonment with prison labor for 4 months, and as stated in the list of offenses No. 2 of the judgment, 10 to 13 of the list of offenses and No. 3 of the judgment: 6 months) is too unreasonable.

2. Determination

A. Of the crimes No. 1 in the judgment of the court below and the crimes No. 2 in the judgment of the court below, the part as to the crimes No. 1 through No. 9 in the annexed Table No. 2 in the judgment of the court below (hereinafter “the first part of the judgment of the court below”) is that the defendant made a confession of all the crimes in this case and is against the law, the amount of damage is relatively small, and the balance with the case of larceny in which the judgment

On the other hand, the following is disadvantageous.

The defendant has been punished several times, including imprisonment for the same crime, and in particular, he has committed the crime of this case during the period of repeated crime due to the same crime.

Until now, no damage has been recovered.

In addition, in full view of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, etc., even if considering the circumstances favorable to Defendant, it is not recognized that the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

B. Of the judgment of the court below, the part concerning the crime No. 10 to 13 as indicated in the annexed Table No. 2 of the judgment of the court below and the part concerning the crime No. 3 as indicated in the annexed Table No. 10 to the annexed Table No. 2 of the judgment of the court below (hereinafter referred to as the "part No. 2 of the original judgment") had been punished several times including imprisonment for the same crime, and the defendant committed the crime of this case during

On the other hand, the following conditions are favorable.

The instant crime is fully led to the confession of the Defendant and reflects his mistake.

The number of crimes is not much.

유사 판례

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