logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.10.23 2015노469
절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. In light of the following circumstances: (a) the instant crime was committed during the period of repeated crime; (b) the Defendant was punished for the same kind of crime; and (c) the Defendant was not present at the trial date without being served with the delivery; and (d) the circumstances after the instant crime were bad, the penalty of KRW 4,00,000, which was sentenced by the first instance judgment, is too unreasonable.

B. In light of the circumstances such as the fact that the defendant (as to the second lower judgment), the defendant grow uneasiblely, the benefit accrued from the instant case is small, and the fact that he is against the law, the punishment for one year of imprisonment sentenced by the second lower judgment is too unreasonable.

2. Prior to the judgment on the argument of unfair sentencing by the public prosecutor and the defendant, the judgment was rendered ex officio prior to the judgment on the argument of unfair sentencing by the court of first instance; the defendant shall be sentenced to a fine of 4,00,000 won for the former; the defendant shall be sentenced to a single sentence within the scope of a single sentence among concurrent crimes pursuant to the former part of Article 37 of the Criminal Act; the defendant shall be sentenced to a single sentence within the scope of a single sentence among concurrent crimes pursuant to Article 38(1) of the Criminal Act; and the judgment below against the defendant shall not be maintained in this respect.

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act, since there are reasons for ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence against the defendant are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

arrow