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(영문) 대구지방법원 2015.09.03 2015노2747
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court against the Defendant is too unreasonable.

2. The judgment is that the Defendant recognized each of the crimes of this case and against the mistake, that the Defendant is a cadastral disability Grade 3, that the Defendant committed the crime to maintain his livelihood, that the total amount of damage is about KRW 1,80,000, and that the victimO did not want the punishment of the Defendant is favorable to the Defendant.

On the other hand, the defendant has a record of criminal punishment three times due to larceny, and in particular, the defendant committed each of the crimes of this case from three days to twelve times since three days after the execution of punishment due to night buildings, intrusion upon a structure, larceny, etc., and up to the trial, the defendant's remaining damage, except the damaged goods temporarily returned to the victim U, I, and L, 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) At night, intrusion of residence and larceny (decision of type): thief for general property, all types of larceny (special dubing person): Reduction element: Living style, and factors to increase punishment not falling under special circumstances: Imprisonment with prison labor for the same type of repeated crime not falling under special circumstances; From August to June of one year;

(b) Class IV (Special Aggravation of thief) mitigated element of larceny (Special Aggravation of thief) against general property: The area of mitigation of repeated crimes of the same kind which do not correspond to special circumstances (the scope of recommendation) mitigated element of larceny: Imprisonment with prison labor for up to one year and six months;

C. Determination of types of larceny [Determination of Punishment] For the larceny of general property, Part II (General thief) mitigated element: Aggravation element of living: For the same type of repeated crime that does not correspond to special circumstances (aggravated Punishment): Imprisonment with prison labor for not less than four months from April to October.

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