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(영문) 대전지방법원 2014.05.01 2014노402
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

The summary of the grounds for appeal (unfair punishment) of the original judgment (two years of imprisonment) is too unreasonable.

Judgment

The crime of this case is a situation unfavorable to the defendant, where the defendant continued to commit the crime of this case for a long time and intrudes upon another person's residence by means such as attaching a correction device to night, and the nature of the crime is not good. The defendant has been punished several times for the same crime, and in particular, commits the crime of this case during the period of repeated crime due to the same criminal record.

However, the fact that the defendant led to the crime of this case in order to raise money necessary for food and livelihood while living in the old-age, and that the victim's damage is relatively small, and that the court below agreed with the 7 victim in the trial, and that the 11 of the whole victims due to the crime of this case expressed his intention not to be punished by the defendant in addition to the 20 victims due to the crime of this case, are favorable to the defendant.

In this context, the scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Committee of the Supreme Court is from 1 year and 6 months to 1 March: 1 year and 4 months: thie crime group, habitual and repeated crime theft, 1 type (general habitual and repeated crime theft), special spacters (unlimited to punishment), mitigation area, mitigation area, recommended sentence scope (one year to 3 years from June), 2: thie crime group, larceny for general property, 4 types, thief for general property, special spactivists (i.e., mitigation factors: life penalty, unlimited amount of punishment, aggravated factors: the same repeated crime), mitigation area, mitigation area, recommendation range (one year to 6 months from January), 3: thief group, theft for general property, 4 type (i.e., life penalty, aggravation of repeated crimes), special sentencing factors (i., amount of punishment: life penalty, aggravation of aggravated punishment, amount of punishment, 1 year to 6 months from January 1, majority (3 months from June).

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