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(영문) 대전지방법원 2014.10.30 2014노787
특수절도등
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, two years of suspended execution, and 120 hours of community service) is too unreasonable in light of the health conditions of the accused.

2. The following circumstances are reasonable: (a) the Defendant recognized his/her mistake and reflects the victim’s damage; (b) the victim was relatively minor; and (c) the victim was agreed with the larceny victim; and (d) the stolen object was returned.

However, the crime of this case is an unfavorable circumstance to the defendant, such as assaulting the victim D or injuring the victim F who caused the injury to the victim for the reason that the defendant demanded payment of the credit alcohol price, theft of property in combination, and the nature of the crime was not less weak, the victim was not agreed with the victim of the assault and injury, and the recovery of the damage was not made, and there was a history of punishment, suspension of execution, and fine sentenced several times for the same crime.

In this context, from February to July 1, the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee for the Supreme Court: Violence crime group, general injury, type 1, special mitigation (minor injury), mitigation area, mitigation area, and the scope of the recommended punishment (two to one year). Second crime: Violence crime group, assault crime, type 1, special spons (no person), basic area, the scope of recommendation (two to ten months). Third crime: thth crime: thth crime group, theft against general property, theft against general property, first type, special mitigation (unsponsers of punishment), mitigation area, mitigation area, recommendation scope (one to six months). Many crimes (one to one year). In full view of all the sentencing conditions such as Defendant’s age, character and conduct, environment, motive, means, result, crime, etc., the court below ordered the incidental probation and community service as an unfair sentence.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.

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