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(영문) 대전지방법원 2016.12.07 2016노2666
특수절도등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. As to the thief, the Defendant, together with accomplices, stolen the property of many victims who were making soup, with which the degree of damage is heavy, the method of crime is bad, and repeated crimes under the same method.

As to the crime of destroying and damaging property, the Defendant, without any reason, destroyed the property of the victim, and the degree of damage to the property is heavy.

In relation to the crime of violence, the Defendant, using the status of his accomplices and groups, exercised violence to the victims who are relatively weakly, unilaterally committed an act of violence against the victims for a long time in closed space, and some victims suffered considerable injury by the victims due to the instant crime.

Furthermore, the defendant committed the crime of larceny, damage, bodily injury, and confinement in collusion with others within a short period of time even though he had a record of juvenile protective disposition and criminal punishment several times due to the same crime. The defendant seems to have very rare awareness of the crime, and it is reasonable to impose severe punishment on the defendant.

However, the circumstances to be taken into account can also be acknowledged, such as the fact that the theft damage was recovered to the victims, that the victim F, and that some damage was deposited for AF, that the defendant reflects all the crimes of this case, that the defendant has no record of punishment exceeding the fine, and that there was no record of punishment by the defendant. In particular, it is recognized that the above victims did not want the punishment by the victim R and V in the appellate trial, and that some damage was additionally deposited for the victim Y.

The above circumstances and other circumstances.

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