(영문) 수원지방법원 2017.01.12 2016노7250 | 리걸엔진

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(영문) 수원지방법원 2017.01.12 2016노7250

야간주거침입절도등

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All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the following: (a) the Defendant and the defense counsel recognized a mistake and against the Defendant; (b) the Defendant committed each of the instant crimes in contingency under the influence of alcohol; (c) stolen total of KRW 75,000; (d) but stolen damaged goods at the scene and thus returned to the victim E; (e) the Defendant did not spread the body pictures of the victim D; and (e) the Defendant’s sentence of imprisonment with prison labor becomes final and conclusive, the suspension of the execution of imprisonment with prison labor, which was sentenced prior to the instant crime, should be invalidated and the sentence of two-year imprisonment with prison labor should be imposed concurrently; and (e) the lower court’s sentence that sentenced the Defendant to the order to complete the sexual assault treatment program for a period of 1

B. In light of the fact that the crime of this case committed by the prosecutor was committed by the defendant two times at night, and the body of the victim who had invadedd another person's residence to steals or stolen goods, and the method of crime is not good and dangerous, and the defendant committed the same kind of crime at the time during the period of suspension of execution, and the victims did not endeavor to compensate for damages until the trial, and the victim is punished, it is unreasonable for the court below to have imposed the sentence so far.

2. The crime of this case is determined as follows: (a) the Defendant was sentenced to imprisonment with prison labor for two years from the Seocheon Branch of the Gwangju District Court on December 30, 2014 to the crime of this case on January 7, 2015 and was sentenced to a three-year suspended sentence of imprisonment with prison labor for the crime of rape and committed the crime of this case on January 7, 2015 when the said judgment became final and conclusive on January 7, 2015; and (b) the Defendant was committed the crime of this case during the suspended sentence period, and committed the crime of this case during the period of the suspended sentence.

유사 판례

-창원지방법원 2015.11.30 2015고단2165

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-울산지방법원 2017.11.30 2017고단3410

-대전지방법원 2013.04.18 2013노318