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(영문) 광주지방법원 2016.07.27 2016노1104
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment with prison labor for a maximum of one year and six months, the short of one year, and the completion of sexual assault treatment programs) is too unreasonable.

2. The following facts are favorable: (a) the Defendant’s mistake of the Defendant is recognized and the victim E does not repeat the crime; (b) the damage suffered by the victim is relatively minor and the victim is not punished against the Defendant; (c) the victim D’s damage is returned to the above victim and the damage is deemed to have been substantially recovered; (d) the Defendant was aware of the fact that the victim was suffering from mental illness, and the above circumstance appears to have affected each of the crimes of this case.

On the other hand, the Defendant had a record of being subject to juvenile protective disposition twice due to the theft of the same species in 2014 and 2015, and the Defendant committed each of the crimes of this case in 2014 and 3 months after leaving the juvenile reformatory, and did not agree with the victims up to the trial of the party.

In addition, since the various sentencing conditions shown in the arguments in this case, such as the background of the crime in this case, circumstances after the crime in this case, the defendant's age, sexual conduct, environment, etc., and the relation between crimes for which the sentencing guidelines have not been set as a result of the application of the sentencing guidelines by the Sentencing Committee of the Supreme Court, crimes No. 1 applicable only to the lower limit [the scope of recommended punishment] and crimes No. 2 (the scope of recommended punishment] in the basic area (6-2 years from June to June), the basic area (the scope of recommended punishment) of the first type (the special person subject to sentencing) (the special person subject to punishment] (the scope of punishment] and the basic area (6 months from June to June) [the scope of recommendation] of the second type (the basic area (the general person subject to special sentencing) [the scope of punishment] [the scope of punishment of general property] No. 3 (the final punishment scope of persons subject to recommendation] [the scope of punishment pursuant to Article 2 (Special 3-6 months from June to June].

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