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(영문) 의정부지방법원 2018.02.01 2017노3355
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of the crime and reflects the mistake, the fact that the theft of this case was returned to the victim, and that the defendant has a family member to support the defendant.

However, the crime of this case is a theft of precious metal by damaging and intrusion upon the victim's residence at night, and the nature of the crime is not very good.

In 2016, the Defendant was punished as a crime of larceny or intrusion upon residence with regard to the crime of larceny of personal goods by intrusion upon three victim's dwellings. One of the three victims is the same as the victim of this case.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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