logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.08.23 2013노1616
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. The Defendant: (a) stolen the identification card of a workplace company in a trust relationship; (b) obtained credit cards; (c) purchased goods from the department store using it; and (d) obtained loans from the bank in a short period of time; and (c) obtained financial benefits equivalent to approximately KRW 18 million; and (d) obtained money by fraud is inadequate; and (c) obtained money.

In addition, the defendant has a majority of criminal records of the same kind, and in particular, even though he/she was sentenced to suspended sentence for the same kind of crime, he/she is not subject to the punishment of the crime of this case.

However, in full view of the following circumstances: (a) the Defendant led to the Defendant to commit a crime, and (b) was detained in the lower court for a period of three months after being detained in the lower court; (c) the victims do not want punishment by mutual consent; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) other circumstances that are the conditions of the instant sentencing as indicated in the record, such as the circumstances after the commission of the crime, etc., the Defendant’s sentence imposed on the Defendant is too unreasonable

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 329, 231, 234, 231, and 347 (1) of the Criminal Act concerning criminal facts and the choice of punishment, respectively, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution;

arrow