(영문) 대전지방법원 2015.04.23 2015노429 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2015.04.23 2015노429

야간주거침입절도

Text

Defendant

The appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

B. The sentence of unfair sentencing (one year of imprisonment) by the court below is too unreasonable.

2. Determination

A. According to the records on the determination of mental and physical disability, it is recognized that the Defendant was in a state of drinking alcohol at the time of the instant crime, but in light of the background leading up to the instant crime, the details of the crime, the attitude of the Defendant, and the circumstances before and after the instant crime, etc., it is not recognized that the Defendant had the ability to discern things or make decisions under the influence of alcohol.

This part of the defendant's assertion is without merit.

B. It would be reasonable to take into account the following circumstances: (a) the Defendant’s alternative assertion on the assertion on unfair sentencing reflects his mistake; (b) the Defendant appears to have committed the instant crime by contingency; (c) the amount of damage is not significant; (d) the Defendant deposited KRW 1 million for the victim; and (e) the amount of damage already returned to the victim among the damaged goods.

However, the crime of this case was committed by the Defendant by removing the toilet window at night, and intrusion on another person's residence, and the liability for the crime was not less than imprudent, and the Defendant committed the larceny in this case only once he was sentenced to imprisonment for 2 years and six months due to the crime of rape and injury. The Defendant committed the larceny in this case. In addition, all of the sentencing conditions including Defendant age, character and behavior, environment, background of the crime in this case, circumstances before and after the crime, and the sentencing guidelines established by the Supreme Court's sentencing committee, and the scope of the recommended sentence for the crime of this case according to the sentencing guidelines established by the Supreme Court's sentencing committee is too much balanced, comprehensively taking account of the following: imprisonment with prison labor, 1 to 4 years, 4 years, chip theft type (chip theft), 1 to 4 years, 1 to 3 years, 1 to 3 years, 1 to 4 years, 1 to 5 years, 1 to 4 years, 1 to 4 years.

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