logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2018.02.08 2017노617
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the punishment sentenced by the court below (3 years of imprisonment and 300,000 won of fine) is too unreasonable.

Judgment

Examining the various sentencing conditions of the instant case, the fact that the Defendant was aware of and against all the instant crimes, that some larceny damage was recovered and returned to the victims, and that the Defendant has grown in an indefinite environment is favorable to the Defendant.

On the other hand, the crime of this case was committed by the defendant who was sentenced two or more times to larceny and was habitually punished on five occasions within three years from the date on which the execution of the punishment is completed, and habitually steals another person's car, safe, stoba, cash, etc., and driving a stolen vehicle or automobile on four occasions without a driver's license or an engine bicycle license as above. In light of the background, method, frequency, and amount of damage, etc. of the crime, the crime is not good, and the defendant has been sentenced to criminal punishment for the larceny-related crime on seven occasions prior to the crime of this case. In particular, the defendant was sentenced to two years of imprisonment with prison labor for habitual larceny in a resident support at the Daegu District Court on April 7, 2015, and committed again the same thief during the period of repeated crime, which is five months after the term of punishment expires on February 19, 2017, and did not receive a letter of suspicion from the victims of the crime of this case to the trial of the party.

As above, comprehensively taking into account all the sentencing factors favorable or unfavorable to the defendant, such as the age, age, sex and environment of the defendant, family relation, motive and background of the crime, method of the crime, circumstances before and after the crime, etc., and all the sentencing conditions stated in the records and the theory of changes, and taking into account such sentencing factors, the lower court also takes into account the following factors: the scope of recommended sentences stipulated in the applicable sentencing guidelines and sentencing guidelines (a person who has been sentenced to imprisonment for not less than three years).

arrow