(영문) 의정부지방법원 2017.03.17 2016노3530

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2017.03.17 2016노3530

상습특수절도

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized all of the instant crime; (b) the Defendant appears to have committed the instant crime because of the economic difficulties after release; (c) the number of times of actual larceny is more than five times; and (d) the total amount of damage is not sufficient to exceed KRW 1,100,000, which are more favorable to the Defendant.

However, the Defendant has already been punished for a total of five times, including two times of punishment for the same crime and one suspended sentence, and in particular, the Defendant was sentenced to two years of imprisonment due to night intrusion larceny in 2014, and committed the instant crime again despite the completion of the execution of the sentence on April 7, 2016.

The crime of this case is highly likely to commit the act of theft or attempted crime by opening a window at night and impairing a residence.

There is no special change in circumstances that could change the punishment of the court below after the sentence of the court below, such as the damage has not been recovered until now.

In addition, comprehensively taking account of the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the sentencing conditions shown in the argument in the instant case, such as the circumstances after the crime, and the scope of the recommended punishment according to the sentencing guidelines set by the Supreme Court sentencing committee applicable to this case (the court below seems to have sentenced a sentence heavier than the recommended punishment set by the sentencing guidelines, considering the defendant's various circumstances) etc., the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's above 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.

유사 판례

-의정부지방법원 2017.03.13 2016노3435

-의정부지방법원 2017.03.31 2017노110

-의정부지방법원 2017.03.24 2016노3656

-울산지방법원 2018.07.20 2018노436

-창원지방법원 2015.04.01 2015노245