logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.02.09 2016노5104
절도등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the Defendants is improper because each of the punishments (one year and six months of imprisonment with prison labor, and one year of imprisonment with prison labor) is too unreasonable.

2. The Defendants committed a crime without being among persons during the period of suspension of execution due to the same kind of crime, and committed a crime in light of the content and method of each crime, and there are considerable records of criminal punishment due to Defendant A’s punishment, suspension of execution, fines, etc., which are disadvantageous to the Defendants.

However, in light of the following: (a) the Defendants were found to have committed a special thief, which had been denied by the investigative agency since the trial of the first instance; (b) the degree of damage caused by each of the instant offenses was minor; (c) the victims F and H were recovered by returning damaged goods to the victim F and H; (d) the Defendants did not have any criminal record of the same kind punished by imprisonment; (c) the Defendants’ health status appears to be inappropriate; and (d) other all circumstances, which form the conditions for sentencing as shown in the records and arguments, including the motive leading up to the instant offense; (d) the Defendants’ age, sexual behavior, environment, etc., even if considering the aforementioned unfavorable circumstances, the sentence imposed by the lower court against the Defendants is too unreasonable.

3. According to the conclusion, the judgment of the court below is reversed in entirety pursuant to Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is well-grounded, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts charged by the Defendants and the summary of the evidence acknowledged by this court are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Code provides that the pertinent provision of the Act and the choice of punishment (the Defendants): Defendant A shall be subject to the intention of Section 329 of the Criminal Code.

arrow