logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2013.05.02 2013노54
특수절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, two years of suspended execution, and 120 hours of community service) imposed by the lower court is too uneasible.

2. In light of the fact that Kwikset service delivery of high-priced electronic equipment, such as mobile phones, stolen mobile phone gamblings, etc., which had been loaded on an offtoba in order to deliver things, the Defendant’s strict punishment against the Defendant is required when considering the following factors: (a) the method of crime is planned and interview and the nature of the crime is not less than that of the crime; and (b) the total amount of damage in the instant case is equivalent to KRW 3187,00,000 in total.

However, considering the following factors: (a) the Defendant has no specific criminal records other than punishment once as a fine; (b) recognized the instant crime and appears to have divided his mistake into the victims; (c) the Defendant’s character and conduct of the Defendant; (d) the motive and consequence of the instant crime; and (e) the circumstances of sentencing specified in the argument in the instant case, such as the circumstances after the instant crime, etc., the lower court’s punishment is deemed reasonable and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, "1. I and joint principal offenders" in the crime of the judgment of the court below shall be corrected as "1. Joint principal offenders of Defendant A and I", and "2. Single larceny" shall be corrected as "2. Single Theft of Defendant A", respectively, in accordance with Article 25 (1) of the Rules on Criminal Procedure

arrow