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(영문) 인천지방법원 2017.06.16 2017노1374
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant recognized all of the instant crimes, and against his mistake, and most of the larceny victims were returned.

It seems that the defendant committed the crime of this case under the circumstance that it is economically difficult to maintain his livelihood after having completed the final prison of punishment.

However, the crime of this case was committed by the defendant.

Embezzlements by bringing KRW 7.10,00 from the PC room, and theft of money, clothes, etc. by entering the cryp, laundry, etc. during the night-time period, and the case is light in light of the circumstances, methods, etc. of the crime of this autopsy.

subsection (b) of this section.

From the late 10th century, the Defendant began to commit the larceny of this case, which is similar to the previous one, even though he had been subject to juvenile protective disposition several times, and had served three times as a criminal act, such as larceny and fraud, but has served three times as a prison term, and the object of the crime and the method of the theft of this case began to commit the larceny of this case.

The defendant did not compensate the victims for damages until now, and did not receive a separate letter from them.

Various of these circumstances, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, various sentencing conditions shown in the records and arguments, such as the circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee ( Imprisonment from August to April)

(a) Night time building larceny [the scope of punishment recommended] thief for theft against general property, the mitigation area (from August to one year and six months) / Special sentencing factors: Offenses punishable by Livelihood / Aggravation factors: Cumulative repeated crimes of the same kind;

(b) Type 1 of embezzlement (the scope of recommended punishment) (the basic area (from April to April)

C. One type of theft [the scope of punishment recommended for larceny] general property (the theft, such as abandoned water) is mitigated area (one month to six months).

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