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(영문) 대구지방법원 2015.08.20 2015노2594
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 fact that the defendant recognized each of the crimes of this case and against the wrongness of the defendant, and the fact that the above victim does not want the punishment of the defendant is favorable to the defendant by mutual consent with the victim D.

On the other hand, the defendant has been punished three times (two times of suspended sentence of imprisonment, and one time of fine) due to the same crime, and the defendant committed each of the crimes of this case to raise money for gambling. Each of the crimes of this case is disadvantageous to the defendant, even though there are many frequency of crimes and the amount of damage is so much high that most damage has not been restored to the trial even though it was not restored to the trial.

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) Reduction elements of types 4 (Special thief thief) (Special thief thief) (Special thief thief) mitigated elements: Where a person intrudes into any place other than indoor residential space (four types): Where a person carries a lethal weapon, or where a person intrudes into a place other than indoor residential space (four types): A basic area / (4 types) such as night-time destruction, death, intrusion upon residence, or night-time destruction, damage, etc. (4 types): Imprisonment for one year to two

(b) Specific larceny (Determination of Punishment): th (Special thief thief) mitigated element for larceny (Special thief thief) mitigated element: Where a person intrudes into a place other than indoor residential space ( fourth) and carries a deadly weapon, or where a person carries a deadly weapon, or where a person intrudes into a structure other than an indoor residential space (four types): Imprisonment with prison labor for one year or more.

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