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(영문) 서울서부지방법원 2015.11.05 2015노1300
특수절도미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, since the Defendant changed his mind to commit the instant crime and did not go against himself, such circumstances should have been considered as necessary in determining the punishment, the lower court committed an unlawful act.

B. The sentence of the lower court’s unreasonable sentencing (the fine of three million won and the order to attend a sexual assault treatment program 40 hours) is too heavy.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of misapprehension of legal principles, the defendant cannot be deemed to have voluntarily suspended the crime on the ground that the defendant committed a crime, since he/she could not be deemed to have committed a crime on his/her own, since he/she voluntarily suspended the crime since he/she committed a crime on the ground that he/she had concealed the defendant's knife and stolen objects from another room to a kitchen and a marina toilet.

In addition, the attempted suspension is merely a reason for voluntary reduction (Article 26 of the Criminal Code) and there is no need to consider in determining punishment.

The defendant's assertion does not seem to have any appearance or reason.

B. As to the assertion of unfair sentencing, the crime of this case did not cause damage to the attempted crime, and the defendant's recognition of the crime is an element of sentencing favorable to the defendant.

However, the defendant has been punished two times by a fine, in addition to punishment of imprisonment with prison labor for larceny, and this case is a sentencing factor disadvantageous to the defendant, that is, the defendant has prepared to commit a crime by purchasing knives, Makes, armores, etc. in advance, using knifes and knifes and knife the object of the crime, and that there is a great illegality in criminal

In addition, considering the overall sentencing conditions stipulated by Article 51 of the Criminal Act, such as the defendant's age, character, conduct and criminal records, the sentence of the court below cannot be deemed unfair because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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