(영문) 대전지방법원 2015.10.29 2015노2461 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2015.10.29 2015노2461

특수절도

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months) of the original judgment is too unreasonable.

2. The crime of this case was committed by the Defendant at night by destroying the lock locker of the restaurant entrance operated by the victim and intrusion into the cafeteria, and the criminal liability is grave in light of the motive of the crime, etc., and the Defendant has been punished several times for the same kind of crime, and is disadvantageous to the Defendant.

However, there are extenuating circumstances such as the fact that the defendant repents his mistake in depth and reflects it, the extent of damage, the fact that the victim does not want punishment against the defendant, the fact that the victim appears to be good in the economic aspect of the defendant, etc. In this context, considering the following factors: (a) the scope of punishment for the crime of this case according to the sentencing guidelines established by the Supreme Court Sentencing Committee; (b) the thief crime group; (c) the thief group; (d) the thief type 4 (In the event that the crime of this case was committed in places other than indoor residential space; (c) the special spokef (in the event the crime of life, indoor residential space; (d) the decision on the recommended area; (d) the recommended area; (e) the recommended area; (e) the recommended area; (e) the recommended area; (e) the scope of punishment; and (e) the suspension of execution, the major positive factors that are possible: living type; (e) the major negative factors that are not punishable;

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence acknowledged by this court is as follows, except for the changes of “1. Criminal records” in the summary of evidence from the judgment of the court below to “1. Opinion” and “current status of personal identification and confinement”, as stated in each corresponding column of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Criminal facts;

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

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