logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.09.29 2017노4727
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year and six months of imprisonment) is too unreasonable.

2. However, there are extenuating circumstances for the Defendant, such as: (a) the Defendant recognized the instant crime and divided his/her mistake; (b) the thief committed the larceny on October 12, 2016; (c) the embezzlement of deserted articles in possession at the end of March 2017; and (d) the damage inflicted on the thief committed on April 12, 2017 was returned to the victim or confiscated and thus the damage was restored.

However, the crime of this case was committed by a theft of clothing displayed by the defendant, the acquisition of a physical card lost by another person, the theft of a bicycle or the theft of a bicycle set up by another person by intrusion on the residence of another person, and the use of another person's credit card within gynasor, etc. without permission, and thus, the nature of the crime of this case is not less complicated, but the damage was not recovered, and the defendant has already been punished four times as a larceny crime, and there is a high possibility of criticism in that he committed the crime of this case without being aware of it during the period of repeated crime after the execution of the final punishment was completed.

Taking into account the circumstances above, the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s sentence is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow