logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.06.23 2016노1514
상습절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Seized evidence shall be confiscated in each subparagraph 10 through 13.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was physically and mentally weak due to symptoms, such as depression, etc.

B. The sentence of the lower court’s improper sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. According to the records of the instant case’s assertion of mental and physical weakness, it is recognized that the Defendant had had emotional unstable conditions, such as attempting suicide at the detention room of the police station after each of the instant crimes, but such circumstance alone was insufficient to distinguish things or make decisions at the time of each of the instant crimes.

There is no other evidence to acknowledge it.

This part of the defendant's assertion is not accepted.

B. The Defendant infringed on a restaurant, etc. at night over a number of times, and attempted to steals or steals the victims’ property, and committed each of the instant crimes even during the period of repeated crime due to the same type of crime.

However, in full view of the facts charged by the Defendant, and the scope of the recommendation according to the sentencing guidelines for larceny at night among each of the crimes in this case, the scope of punishment according to the sentencing guidelines for larceny at night is either one year and six months to four years from imprisonment as follows: Provided, That the crime of violating the Road Traffic Act is not a crime subject to the sentencing guidelines, and the punishment shall be determined by comprehensively taking account of the scope of the recommendation for larceny at night and the statutory punishment for the crime of violating the Road Traffic Act (non-licenseless driving) as to habitual night, and the scope of the punishment for larceny at night, as a whole, and the statutory punishment for the crime of violating the Road Traffic Act (non-licenseless driving), and other various circumstances, including the Defendant’s age, environment, sexual behavior, background leading to the crime in this case, and circumstances after the crime, etc.

1) The scope of the punishment recommended according to the sentencing guidelines is limited) habitually, night-time intrusion larceny (a determination of type) shall be four types of larceny in general property (a person with a special sentencing factor).

arrow