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(영문) 대구지방법원 2015.07.02 2015노1422
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below's punishment (one year of imprisonment and the return of victims) against the accused against the summary of the grounds for appeal is too unreasonable;

2. The Defendant’s recognition of each of the instant crimes and reflects the mistake, the fact that seized damaged goods were returned to the victim C, and the fact that the amount of damage is relatively minor is favorable to the Defendant.

On the other hand, the Defendant committed the larceny crime three times and committed two times, and the victim D Defendant submitted a written agreement with the victim D at the trial. However, the said written agreement cannot be deemed to have been expressed in a way that the victim’s genuine will is obvious and reliable because there is no evidence attached to guarantee the authenticity of the written agreement, such as the victim’s certificate of personal seal impression or copy of identification card, etc., and thus, it is difficult to view it as having been expressed in a way that the victim’s genuine will is apparent and reliable.

G's damage has not been completely recovered, and the defendant's previous convictions are disadvantageous to the defendant.

In addition, the age, character and conduct, the environment, the circumstances and results of each of the crimes in this case, etc., all of the sentencing conditions in this case and the result of the application of sentencing guidelines by the Supreme Court sentencing committee.

1. Standards for types of punishment and of punishment;

(a) The basic area of larceny (a) No person (a person who has been specially punished) type 4 (a person who has been specially punished) (a person who has been punished) (a person who has been punished by imprisonment with prison labor): One year to two years; a person who has been punished by imprisonment with prison labor;

(b) Types IV (Special Convicting) and IV (Special Convicting) mitigated factors for larceny in general property: Where intrusion upon places, other than indoor residential space (type four): Imprisonment with prison labor for up to one year and six months;

(c) The mitigated element of larceny (special scief) type 4 (special scief) (special scief) and mitigated element of larceny in general property: Imprisonment with prison labor for a basic area (subject to four types) (subject to recommendation) other than indoor residential space;

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