beta
(영문) 부산지방법원 2017.10.19 2017노2821

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (three years and six months of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.

Judgment

The normal conditions favorable to the defendant are recognized, such as the confession of the crime of this case by the defendant, against the mistake, etc.

However, the crime of this case was committed by the defendant more than 20,90,000 won in total by 17 times in such a way as to cause confusion in another person's marriage hall. In light of the circumstances of the crime, the method of the crime, and the amount of damage, etc., the criminal liability is very heavy; the defendant does not make any effort to recover damage to victims; the defendant committed the crime of this case several times during the period of repeated crime of the same kind; the defendant committed the crime of this case; in our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, there is no change in sentencing in the area unique to the first trial and the first trial sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015; Supreme Court Decision 2015Do3260, Jul. 23, 2015).

결론 그렇다면 피고인의 항소는 이유 없으므로 형사 소송법 제 364조 제 4 항에 의하여 이를 기각하기로 하여 주문과 같이 판결하되, 다만 형사소송규칙 제 25조 제 1 항에 따라 직권으로, 원심 판결문 12쪽 2 줄의 ‘ 들고 ㅍ 오는’ 을 ‘ 들고 오는 ’으로, ‘ 증거의 요지’ 란 중...