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(영문) 창원지방법원 2020.04.10 2019노2849
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the Defendant is against the Defendant’s recognition of the instant crime, and the damage caused by the instant crime is relatively little, and the fact that the Defendant is disabled with intellectual disability and is not good for the family environment is favorable to the Defendant.

On the other hand, the fact that the defendant had a record of juvenile protective disposition and criminal punishment several times due to the same crime, the defendant committed the crime of this case during the period of repeated crime due to the same crime, and the fact that the damage from the crime of this case has not been recovered is disadvantageous to the defendant.

The above circumstances and the defendant's age, character and conduct, environment, motive, means and result of the crime, all of the sentencing conditions and the scope of recommended sentences in the sentencing guidelines, including the circumstances after the crime.

1. Scope of punishment by law: Six months to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of type] for larceny [the fourth category] for general property: In the event of intrusion theft [the special person] for intrusion: In the case of intrusion into a place other than a living or indoor residential space, the element of aggravation: In full view of the same repeated crime (the recommended area and the scope of recommended punishment] that does not fall under the specific crime Aggravated Punishment, mitigated area (the scope of recommendation area and recommended punishment), imprisonment for August through January 16, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the court below after the judgment of the court below, it cannot be said that the sentence imposed by the court below is too unreasonable.

Therefore, the 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 as it is without merit. It is so decided as per Disposition.

However, Article 331 (1) and (1) of the Criminal Act "Article 331 (1) of the Criminal Act" is a clerical error in the application of the law of the court below.

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