(영문) 대구지방법원 2015.06.04 2015노1091 | 리걸엔진

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(영문) 대구지방법원 2015.06.04 2015노1091

야간주거침입절도등

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The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (one year and six months of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The Defendant’s recognition of each of the instant crimes and reflects the wrongness, the degree of damage is not significant, and the Defendant’s sexual disability, which is a material obscenity, prevented the instant crime, and the Defendant’s intention to cure in the future is favorable to the Defendant.

On the other hand, each of the crimes of this case committed several times at night, and it is not good that the crime was committed to steals or steals clothes of a female, and that the defendant had been sentenced to imprisonment with prison labor for one year and six months and fine for one hundred thousand won due to the crime committed habitually on April 9, 2009, including that he committed the same crime as the crimes of this case. The defendant did not endeavor to agree with the victims or to recover damage, and that the victims want to punish the defendant is disadvantageous to the defendant.

In addition, the age, character and conduct, the environment, the circumstances and results of each of the crimes in this case, etc., all of the sentencing conditions in this case and the result of the application of sentencing guidelines by the Supreme Court sentencing committee.

1. Standards for types of punishment and of punishment;

(a) Night time, intrusion and larceny (decision on types of larceny 4) [Attachment 4] and no person (special person) shall be punished for larceny in general property. [Scope of recommending punishment] basic area: Imprisonment with prison labor for a year to two years;

(b) Nighttime, intrusion and larceny (decision on types of larceny) [6] (decision on types of larceny] and no person in charge of larceny in general property (decision on types of larceny] and no person in charge of larceny in general property (decision on types of larceny] and basic area of larceny: Imprisonment with prison labor for a period of one year to two years;

(c) Night time, intrusion and larceny (decision on types of larceny] [No person who has any person to be specially punished] and the basic area of larceny in general property: Imprisonment with prison labor for one year to two years;

2. Handling multiple crimes (determination of basic crimes).

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