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(영문) 대구지방법원 2017.09.15 2017노2766
특수절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court against the Defendant (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. We examine both the defendant and prosecutor’s improper claims for sentencing.

The following facts are favorable: (a) the Defendant led to the confession of each of the instant offenses; (b) the damaged goods were returned to the victim I of the instant special larceny crime (2017 senior group 156) and the victim I was not subject to the punishment of the Defendant; (c) the Defendant has yet to be punished in 19 years; (d) the Defendant had no record of criminal punishment other than juvenile protective disposition; and (e) the Defendant appears to have grown in an unstable environment.

However, in the instant case, it is unfair that the Defendant, in collaboration with his accomplice, stolen goods, stolen goods, or took them free of charge, or acquired goods by the Defendant alone, in light of the content, method, and frequency of the crime, and the nature of the crime is not good. The Defendant appears to have played a leading role in each of the special larceny and joint robbery in the instant case; the Defendant still seems to have not been recovered from the damage of the victims except the victim I of the special larceny in the instant case (2017 high group 156). The Defendant appears to have not been endeavored to recover the damage of the victims; the Defendant appears to have not endeavored to recover the damage of the victims; and the Defendant committed each of the instant offenses without being aware of the fact that there were many records of having received juvenile protective disposition by the same kind of crime.

In addition to the above circumstances, in consideration of the amount of damage caused by each of the instant crimes (10,566,420 won), the age, sex, environment, motive and background leading to the instant crime, the means and consequence thereof, and all of the sentencing conditions stated in the records and arguments, such as the circumstances after the instant crime, etc., the sentence imposed by the court below shall be imposed.

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