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(영문) 대전지방법원 2015.10.07 2015노2234
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and eight months, confiscation) imposed by the court below on the defendant is too unreasonable.

2. The defendant's confession of the crime of this case and reflects his mistake, most victims (except the victim AA, see the investigation record 371) agree, and his father's efforts to recover from damage are the circumstances favorable to the defendant.

However, the Defendant committed a total of 36 times crime against many victims, committed a theft of goods by breaking the correction device of a commercial building at night, and committed the instant crime again despite the fact that there was a history of having been sentenced to four times a sentence due to the same crime, and one time a suspended execution, and in particular, committed the instant crime again at least eight months after having been sentenced to imprisonment for a three-year term due to the same crime, and that there was a ground for disqualification for the suspended execution, and that there is no reason for disqualification for the suspended execution and thus, it is disadvantageous to the Defendant.

Considering the above circumstances and motive leading to the instant crime, the circumstances after the commission of the crime, the defendant's age, character and conduct, family relation, environment, occupation, etc., there is no change in circumstances to determine the punishment differently from the original court, and each special larceny within the scope of the recommended sentencing guidelines for the enactment of the Sentencing Commission [the scope of recommending punishment] the aggravated area (one year and six months to four years) of punishment (one year and six months), the aggravated area (one year and four years), the aggravated area (one year and one year and one year and four years), the punishment not imposed for general property] / the mitigated area (the scope of recommending punishment / the same repeated crime that does not fall under the mitigated area of two months (general larceny) [the scope of recommending punishment] of mitigation area (one month from April to October) of punishment for general property (one year and one year), no special mitigation/one year] of punishment, and no special repeated crime does not correspond to the final processing criteria.

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