(영문) 창원지방법원 2015.09.17 2015노1663 | 리걸엔진

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(영문) 창원지방법원 2015.09.17 2015노1663

상습절도등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the sentencing of the court below (one million won as to the crimes No. 1 and No. 2 in the original judgment) is too unreasonable, and the prosecutor asserts that the sentencing of the court below (one million won as to the crimes No. 1 and No. 3 in the original judgment) is too unreasonable. The prosecutor asserts that the sentencing of the court below is too unreasonable.

2. The Defendant had a lot of history of punishment, such as punishment for larceny, and, in particular, the Defendant repeated each of the larceny crimes of this case as long as the judgment became final and conclusive after being subject to suspended sentence.

In addition, the Defendant continues to drive without obtaining the driver's license, so far as possible.

On the other hand, however, the defendant is suffering from the cerebral cerebrovascular disease of grade 2 with intellectual disability, and the judgment ability is lower than normal persons, and the defendant has a disability of delay in function.

Each thief crime did not have much amount of damage and agreed with the victims, and there is no way to commit the crime.

All crimes are recognized and reflected, and in the case of driving without a license, the vehicle operated without a license is relatively low in danger.

In addition, economic circumstances are difficult, and some of the spouse and children of the defendant are disabled persons with intellectual disabilities.

In the case of crimes No. 3 of the decision of the court below, the equality shall be taken into account when a judgment is rendered simultaneously with a crime of habitual larceny.

In full view of these circumstances and other conditions of sentencing as shown in the pleading, each sentence of the lower court appears to be within the appropriate scope, and it cannot be deemed that it is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed as it is without merit. It is so decided as per Disposition.

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