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(영문) 인천지방법원 2017.08.25 2017노2365
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The instant crime is deemed to be committed by the Defendant entering a church, hospital, restaurant, etc., which is neither planned nor opened, and steals or attempted money and valuables. In light of the background and method of the instant crime, the frequency of the crime (14 times), and the scale of damage, etc., the crime is hot.

In addition, at the end of the defendant's last life, the target and method of the crime began to commit the crime of this case similar to the previous one, and considering the fact that the amount of property damage did not completely recover from the victims even after the name is equivalent to the total of KRW 7.49,00,000, there is a high possibility of criticism against the defendant.

From the last half of the year, the Defendant began to commit the larceny crime and received juvenile protective disposition once, and he was released from the same crime once more than four times with the past having served four times as the same offense, and has committed the same kind of crime repeatedly within the short time after having been released from the same crime. Therefore, it is difficult to readily conclude that there is no possibility that the Defendant might repeat the crime in the future.

Taking into account all these circumstances, the criminal liability of the defendant is heavy.

As such, the sentence of sentence corresponding to it is inevitable for the defendant.

However, there are favorable circumstances for the defendant, such as ① the fact that the defendant recognized all of the crimes of this case, and ② the fact that the defendant committed the crime of this case in favor of the defendant, after being released from the final prison, and then, it appears that he committed the crime of this case in an economically difficult situation after being released from the prison, by examining closely the sentencing cases of similar lower court rulings corresponding to the applicable law of the crime of this case and the degree of damage, the sentence of the court below that sentenced the defendant for three years to imprisonment is in light of equity with similar cases.

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