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(영문) 청주지방법원 2016.04.28 2016노189
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant led to the instant crime, and is against himself.

The defendant paid damages to the victim D and agreed to do so, and some of the damaged goods were returned to the victim D.

It can not be said that the degree of damage of victims is serious.

The Defendant committed the instant crimes in order to suffer economic difficulties and to raise cost of living.

However, there are the following disadvantageous circumstances for the defendant.

The defendant has been sentenced to a suspended sentence for one year of imprisonment with prison labor on August 29, 2003, a fine of one million won on February 23, 2006, a suspended sentence for two years of imprisonment with prison labor on March 19, 2008, a fine of three million won on March 11, 2009, and a fine of four months of imprisonment with prison labor on September 25, 2009.

On September 1, 2010, the Defendant was sentenced to two years of imprisonment due to habitual intrusion larceny, and committed the instant larceny during the repeated crime even after the execution of the sentence was completed on July 26, 2012.

The defendant did not agree with the victims other than D.

In addition, in full view of the Defendant’s age, sex, motive and background of the crime, means and consequence, circumstances after the crime, crime records, and all of the sentencing conditions indicated in the instant arguments and records, the sentence of the lower court is too unreasonable.

Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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