logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2015.11.13 2015노1047
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (three years of imprisonment with prison labor for a term of two years) is too unreasonable.

2. The Defendant appears to have committed the instant crime in a net manner and committed the instant crime in depth.

In addition, there is room to regard the Defendant as committing the instant crime to have committed the instant crime in order to prepare living expenses in a state where he/she did not receive physical and mental support from his/her family at the age

Furthermore, the crime of this case, which was sentenced on November 5, 2015, should be sentenced to a separate sentence even if it was possible to simultaneously judge as a concurrent crime under the former part of Article 37 of the Criminal Act with the robbery, etc. (the Cheongju-ju of the Daejeon High Court sentenced three years to imprisonment, and the defendant appealed against it).

In addition, the fact that it is difficult to say that the profits acquired by the Defendant (as a result of the instant crime) have reached a serious level is the circumstances to be considered in favor of the Defendant in the course of determining the punishment for the instant crime.

However, the crime of this case committed by the defendant habitually opens clothes in a bath room and steals goods in such room, and purchased tobacco using stolen credit cards. The defendant committed the crime of this case again even though he was subject to a disposition of juvenile protection case several times due to a theft of a similar veterinary act, the punishment of the unlawful act is not weak.

In addition, among stolen goods purchased by the defendant using a stolen credit card, the market price of 1,60,000 won is included, and it is difficult to regard the defendant as a poor person in the meaning of the front credit card.

In addition, the defendant seems to have failed to take any measures for the recovery of victims' damage up to now, and the above favorable circumstances seems to have been fully reflected in the judgment of the court below, and other factors.

arrow