(영문) 수원지방법원 2017.04.14 2017노224 | 리걸엔진

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(영문) 수원지방법원 2017.04.14 2017노224

절도등

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The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. 1) The cash that the Defendant stolen by 2016 order 337 is not KRW 50,000 but KRW 250,000.

2) Cash that the Defendant thefted by 2016 Highest 1228 is KRW 370,000,000, not KRW 1.5 million.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, according to the C’s statement and investigation report (the victim’s telephone conversation confirmation report) duly adopted and investigated by the lower court, No. 337 of 2016, the Defendant can fully recognize the fact that the Defendant stolen KRW 500,000 in cash owned by the victim C. Thus, this part of the allegation is without merit.

2) According to the record of the police statement of E duly adopted and investigated by the lower court at the 2016 highest order 1228, the Defendant could fully recognize the fact that he/she stolens KRW 1.5 million in cash owned by the victim E. Therefore, this part of the allegation is without merit.

B. In light of the following circumstances: (a) the sum of damages incurred to the illegal assertion of sentencing is not large; (b) certain victims are not subject to punishment; and (c) there are circumstances where the previous suspended sentence will be invalidated or revoked; (b) the Defendant had been punished several times for the same thief crimes; (c) the Defendant again committed each of the instant thief crimes without being aware of the fact that it was a suspended sentence period for the same thief crimes; and (d) the number of times of the instant thief crimes; and (c) the Defendant continuously arrested several times during the instant thief crimes and has been released, taking account of the Defendant’s age, sexual behavior, motive, frequency of the crime, method of the crime, circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

3. In conclusion, 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.

유사 판례

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