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(영문) 대전지방법원 2015.12.24 2015노3305
절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (one year of imprisonment) is too unreasonable.

2. The crime of this case was committed in a 16-time manner in which the Defendant committed a theft of property equivalent to 80 million won by entering the victim’s vehicle, etc., and the liability for the crime was not provided against the victim in light of the method of the crime, etc., and most of the victims did not reach an agreement.

However, there are extenuating circumstances, such as the fact that the defendant has divided his wrong depth and has no history of criminal punishment exceeding a fine, that the defendant suffers alcohol and seems to have committed most contingent crimes while under the influence of alcohol, that there is agreement with some victims. The first crime within the scope of punishment for the crime of this case according to the sentencing guidelines established by the Supreme Court Sentencing Commission (Attachment Table 1 of the judgment of the court), the fourth category of larceny for general property (influence 4), the determination of the recommended area (influence outside of residential space), the second crime (number 2 of the list of crimes), the fourth category of punishment (influence 4), the first five categories of larceny (influence 4), the fourth category of punishment (influence 4), the fourth category of general property (influence 6), the fourth category of punishment (influence 4), the fourth category of punishment (influence 6), the fourth category of punishment (influence 1 to 6), the fourth category of punishment (influence 4), the number of general property).

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