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(영문) 광주지방법원 2016.09.08 2016노1773
특수절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unfased and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case is a theft of property by destroying the entrance and correction device at night by the defendant and impairing the structure, and it is not good that the crime of this case is committed in light of the Criminal Procedure Act.

The defendant committed a crime without being aware of it even during the period of repeated crime.

In particular, even though the defendant is under investigation by an investigative agency on some of the crimes of this case, he has ceased to commit the crimes and continued to commit the remaining crimes, so his responsibility is more serious.

Since the defendant has been arrested and detained by the investigator who had escaped without complying with the request of the investigative agency for attendance even though he did not comply with the request, the circumstances after the crime are not good.

On the other hand, the following conditions are favorable.

Defendant is led to confession and reflect on crimes.

There is no record of punishment for the same crime.

The total amount of damaged goods is about 3.7 million won.

The victims do not want to punish the defendant by mutual consent with the victims.

In addition, various sentencing conditions shown in the records and arguments of the instant case, such as the background of the instant crime, circumstances after the instant crime, age, character and conduct, environment, etc., and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee ( Imprisonment of eight months to nine months).

(a) Type 4 (Special Larceny) (In cases of intrusion upon places, other than residential space, in which case punishment is not imposed, in cases of carrying a deadly weapon, or in which the crime is committed at night, destruction of residence, intrusion upon a human habitation, intrusion upon a structure at night (type 4), or intrusion upon a structure that does not fall under special circumstances (type 4), or one year and six months from one year and six months;

(b) Class 2 thief theft against general property shall be intrusion upon places other than indoor residential spaces in the area of special mitigation.

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