(영문) 서울남부지방법원 2016.09.29 2016노1152

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(영문) 서울남부지방법원 2016.09.29 2016노1152

특정범죄가중처벌등에관한법률위반(절도)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant led to the confession of his crime, and his depth is divided, and the damaged goods were recovered immediately after the crime of this case and returned to the victim, and the injured party did not want the punishment of the defendant, the punishment sentenced by the court below (eight months of imprisonment) is too unreasonable.

B. In light of the fact that the prosecutor Defendant committed the instant crime at 16 days after the completion of the execution of punishment, and there was a history of punishment seven times for the same crime, and that the Defendant was not voluntarily taken measures to recover damage, but was merely returned to the victim due to the detection of the crime at the scene, etc., the punishment sentenced by the court below is too uneasible and unfair.

2. We also examine the argument that the Defendant and the prosecutor’s sentencing are unfair.

Although the defendant has been punished several times for the same crime, it is inevitable to sentence him/her to commit the crime of this case during the repeated crime period.

On the other hand, the amount of damage caused by the crime of this case is not so significant, and the damaged person does not want the punishment of the defendant by returning all the victims on the day of the crime.

In addition, considering the various circumstances asserted by the defendant and the prosecutor on the grounds of appeal, the lower court’s punishment is not deemed unfair because it is too excessive or too heavy, even in light of the circumstances asserted by the defendant and the prosecutor on the grounds of appeal, as well as the Defendant’s age, sex, environment, motive for crime, etc., as well as favorable or unfavorable circumstances.

The argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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