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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2017.03.24 2016노3688
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized each of the crimes of this case, and there is no record of criminal punishment exceeding the fine prior to each of the crimes of this case.

However, this case is a criminal act committed by the Defendant for a relatively short period from January 1, 2016 to August 5, 2016, which committed larceny five times in a relatively short period and four times in fraud. On January 15, 2016, the criminal act committed without any measure despite the occurrence of personal and material damage caused by a traffic accident due to a change in the course of the party himself/herself, and the criminal act committed by the Defendant is very heavy to the extent that the Defendant violated the law and the duty of care.

In addition, the vehicle operated by the defendant is not covered by mandatory insurance, and the degree of personal damage and physical damage of the victim of the traffic accident is very large.

Nevertheless, the Defendant’s sentence on the Defendant is inevitable due to the lack of efforts to agree with the victims, and there is no special change in circumstances to change the sentence of the lower court after the sentence of the lower judgment.

In addition, the defendant's age, sexual conduct, motive, means and consequence of the crime, etc., as shown in the argument in the instant case, and the scope of the recommended punishment according to the sentencing guidelines established by the Supreme Court Sentencing Committee applicable to the instant case / [the scope of the recommended punishment / [the scope of the punishment / [the scope of the recommendation] the basic area (from August to one year and six months) of the crime (the scope of the recommended punishment / [the scope of the punishment ] the basic area (from June to one year and six months) of the 2 types of general property (the scope of the punishment / [the person who has no special sentencing person] of the 3 types of crimes (the 3th month from one year and six months] (the scope of the recommended punishment / the scope of general property] of the basic area (from June to six months), including the 2 types of larceny in general property [the scope of the punishment / [the scope of the final aggravated punishment] of August to 2, 199].

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