(영문) 수원지방법원 2019.06.13 2018노8284 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2019.06.13 2018노8284

절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The crime of this case is deemed to have committed the crime of this case, even though it is recognized that the defendant stolens one part of the victim's body card, and paid the sum of 6.10,000 won with the victim's body card six times, in light of the law and content of the crime, the nature of the crime is bad in light of the law and content of the crime, and the defendant has the record of having been sentenced to one time to suspend the execution of the crime of this case, one time of fine, and two times of juvenile protective disposition.

In addition, in full view of the circumstances such as the fact that the Defendant led to the instant crime and reflects his mistake, that the victim does not want punishment against the Defendant by mutual consent with the victim, and that it is necessary to determine punishment in consideration of equity with the case of concurrent judgments such as the instant crime and special larceny as indicated in the judgment of the court below, etc., as well as the equity in sentencing with the same and similar cases, and other various sentencing conditions as indicated in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, it is not recognized that the sentence of the court below is too un

Therefore, the prosecutor's above assertion is not accepted.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, Article 70 (1) 3 of the Specialized Credit Finance Business Act (the illegal use of a credit card) shall be corrected by correcting "Article 70 (1) 3 of the Specialized Credit Finance Business Act (the illegal use of a credit card)" to "Article 70 (1) 3 of the Specialized Credit Finance Business Act (the illegal use of

참조조문

-여신전문금융업법 제70조 제1항 제3호

-형사소송규칙 제25조 제1항

-형사소송법 제364조 제4항

유사 판례

-광주지방법원 2015.06.16 2015노1023

-수원지방법원 2019.10.17 2019노3876

-수원지방법원 2019.08.29 2019노1872

-수원지방법원 2019.08.12 2019노1681

-수원지방법원 2019.10.24 2019노3323