(영문) 서울중앙지방법원 2011.11.30 2011노3549

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(영문) 서울중앙지방법원 2011.11.30 2011노3549

특정범죄가중처벌등에관한법률위반(절도)

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant is too unreasonable with respect to the punishment of three years of imprisonment imposed by the court below, and the prosecutor asserts that it is too uneasible and unreasonable.

2. The crime of this case is deemed to have committed a serious punishment against the defendant, taking into account the following: (a) the defendant committed the crime of this case: (b) the defendant committed the crime of this case; (c) the defendant committed the crime of this case, even though he had previously been subject to criminal punishment several times due to the same kind of crime; and (d) the amount of damage caused by the crime of this case did not recover from damage to the name of 6720,00 won up to the trial; and (c) the defendant committed a serious punishment against the defendant.

However, there are circumstances that can be considered in favor of the defendant, such as the fact that the defendant recognized all the crimes of this case and divided his mistake, the circumstance that the defendant caused the crime of this case may be somewhat taken into account, and the fact that the defendant agreed to repay the amount of damages to the victim later in the trial, and that the defendant agreed with the victim.

The scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Supreme Court Sentencing Committee is from 1 year and 6 months to 3 years [the first type of habitual repeated crime theft group, the special mitigation factor (non-permanent mitigation factor), and the recommended sphere (the mitigation sphere-1 to 3 years)]. In full view of all the sentencing conditions of the Defendant, including the Defendant’s age, character and conduct, environment, career, circumstances of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is deemed to be appropriate, and it is not deemed to be too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. The defendant and the prosecutor's appeal are without merit.

유사 판례

-서울중앙지방법원 2011.09.30 2011고단4666

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