logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.04.30 2015노491
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (one year of imprisonment and a fine of one hundred thousand won) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant recognized each of the crimes of this case and against the mistake, and the Defendant is favorable to the Defendant that the victims do not want the punishment of the Defendant by mutual consent with the victim E, L,Y and each of them.

On the other hand, the defendant had a record of having been sentenced to a suspended sentence of imprisonment for the same crime more than ten times, and the defendant committed each of the crimes of this case within a short period after having been discharged from the juvenile reformatory, and the fact that the remaining victims other than the victims agreed as above have not been completely recovered is disadvantageous to the defendant.

In addition, the court below sentenced the lowest punishment within the scope of the applicable sentences under the law, which is significant to the statutory penalty for the instant crime, and all of the sentencing conditions in the instant case, including the Defendant’s age, character and conduct, environment, circumstances and result of each of the instant crimes, and the result of the application of sentencing guidelines by the Sentencing Committee of the Supreme Court.

1. Standards for types of punishment and of punishment;

(a) Reduction elements of types 4 (Special Larceny) (Special Theft) (Special Theft) mitigation elements against AB for larceny in general property: Where a person intrudes into places, other than a living-type crime or indoor residential space (four types): Where a person systematically shares the crime (the scope of recommending punishment): Imprisonment with prison labor for up to one year and six months;

(b) Reduction elements for special larceny against AJ (decision of type): thief (Special Larceny): Where a person intrudes into places other than his/her living type, indoor residential space (four types): Where he/she systematically shares the crime (the scope of recommending punishment): Imprisonment with prison labor for up to one year and six months;

(c) special larceny against E (decision of type).

arrow