(영문) 대구지방법원 2017.01.12 2016노4773 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2017.01.12 2016노4773

절도

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below is an element of sentencing favorable to the defendant that stolen goods are bread, sand site, etc. and the amount of damage is not significant, and the victim does not want punishment by compensating the amount of damage.

However, in consideration of the following circumstances, more preference than others have to help improve the defendant's behavior and rather have a high possibility of recidivism.

There are many criminal records of the same kind.

Even after the suspension of the execution of imprisonment with prison labor has been sentenced to a fine, it has been sentenced to a fine, which has been committed continuously while being sentenced to such a fine, and was sentenced to a imprisonment with prison labor and was sentenced again to a second offense after the completion of the execution of the sentence.

It is the criminal records for a period of 4 years.

Along with the completion of the final sentence, a second re-offending was conducted, but due to various circumstances, the Daegu District Court's Kimcheon Support again received a fine once again (2016 order 359). The crime of this case was committed on the date of the judgment, even during the trial of the immediately preceding case, and thereafter thereafter.

In the end, the sentence of imprisonment is to be imposed, and the punishment is to be imposed for the period of repeated crime.

B. In full view of the following circumstances: (a) the sentence of the lower court was proper; and (b) the sentencing judgment of the lower court exceeded the reasonable bounds of discretion, considering the following factors: (a) the Defendant’s age, sexual conduct, environment, health, family relationship, and all the conditions of sentencing as indicated in the instant argument, including the Defendant’s age, sex, health, family relationship, and circumstances after the commission of the crime.

There are no circumstances such as evaluation or maintenance of it is deemed unfair (Supreme Court Decision 2015Do3260 Decided July 23, 2015).

유사 판례

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