logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.11.18 2015노4858
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (three years of imprisonment) is too unreasonable.

2. In view of the fact that the Defendant led to the crime of larceny of this case, due to economic difficulties, and there are family members to support each of the larceny of this case, even though each of the larceny of this case was committed on seven occasions (five times together with C), each of the larceny of this case is committed by the Defendant repeatedly intrudes upon another’s residence and attempted to steals or steals property, and its nature is not very good in light of the number of the crimes, frequency, contents, etc., the total theft damage amount is not much 22 million won, and substantial damage recovery has not been achieved until the trial. In particular, the Defendant was punished for the same kind of crime of this case. In addition, even though two months have not yet passed since he was sentenced to imprisonment for the same kind of crime, each of the larceny of this case was repeated, and the Defendant’s age, character and behavior, the Defendant’s environment, family relation, motive, circumstances, etc., and all of the circumstances of the Defendant’s crime after the punishment of this case are unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

However, according to Article 25 (1) of the Rules on Criminal Procedure, "1. A copy of the sheet of reasons for disqualification for driver's license is added to the summary of the evidence in the judgment of the court below ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure." In the application of the statutes of the court below, "1. Aggravation for repeated Crimes" and "1. Aggravation for Concurrent Crimes"

.

arrow