(영문) 창원지방법원 2014.07.23 2014노1219 | 리걸엔진

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(영문) 창원지방법원 2014.07.23 2014노1219

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is excessively unreasonable.

2. The instant crime committed by the Defendant was committed by cutting the window of a vehicle parked habitually over 22 occasions, and intrusion into the vehicle into the vehicle, thereby thefting a total of KRW 454,00 and a black box, etc. in the vehicle. There are favorable circumstances such as the Defendant recognized all of the instant crimes and against whom it is against.

However, the Defendant committed the instant crime against many unspecified victims (22 victims) and committed the instant crime under the same veterinary method as the instant crime, including the criminal fact that: (a) the Defendant committed the instant crime; (b) destroyed the windows of a vehicle parked on the ground of the said vehicle; and (c) invaded the said windows; and (d) caused the instant crime to be dangerous by danger of its nature; and (b) on January 28, 2014, the Defendant repaid the amount of damage incurred by the instant crime to the Defendant up to the trial.

There is no evidence to acknowledge that the Defendant made efforts to recover damage and there is no other unfavorable circumstances, and according to the result of the application of the sentencing guidelines by the Sentencing Committee, the recommended punishment for the instant crime is between two years and four years. The lower court sentenced two years of imprisonment, which falls under the lower limit of the above recommendation, and there is no special circumstance or change in circumstances that may be newly considered in sentencing after the sentence of the lower judgment, and even considering the Defendant’s age, character and conduct and environment, means and consequence of the crime, circumstances after the crime, etc. and all of the sentencing conditions specified in the instant records and arguments, it is difficult to see that the sentence imposed by the lower court is excessively unreasonable.

Therefore, the defendant's assertion is without merit.

3. Thus, the defendant's appeal is without merit.

유사 판례

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