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(영문) 창원지방법원 2018.11.28 2018노2168
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

The request of the applicant for compensation shall be dismissed.

Reasons

1. Sentencing sentencing on the gist of grounds for appeal (two years in imprisonment with prison labor for the lower court);

2. Determination on the defendant's case

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The lower court: (a) took advantage of the following circumstances: (b) the Defendant committed the instant crime: (c) the entire period of the instant crime and reflects in depth the Defendant’s mistake; (d) arrested only two cases among each of the instant crimes; and (e) arrested the investigative agency only one of the instant crimes, and stated the remainder on his own; (c) the victim AG does not fully recover from the total amount of damage; and (d) 25 victims do not want the Defendant’s punishment; (d) the Defendant appears to have been in the instant case due to rashion without due personality and emotional maturity; (e) the Defendant appears to have been hospitalized in a mental hospital from May 2017; and (e) the Defendant had repeatedly been subject to hospital treatment for several months; and (e) had repeatedly committed the same kind of crime by repeatedly infringing upon another’s residence over a close period of time, and thus, (e) has never been subject to imprisonment with prison labor for a limited period of up to 10 years; and (e) the Defendant did not have been subject to punishment for the same kind of injury.

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