(영문) 대구지방법원 2013.05.23 2012노4056 | 리걸엔진

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줄 간격

자간(%)

(영문) 대구지방법원 2013.05.23 2012노4056

절도

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The judgment is that the Defendant had a criminal record of imprisonment with prison labor for the same kind of crime, that the Defendant denies the instant crime and did not reflect it, and that the damage was not recovered, etc. are disadvantageous to the Defendant.

Meanwhile, in full view of the circumstances that are favorable to the defendant, such as the fact that the damaged product of this case is relatively less than 600,000 won in its market price, and other circumstances shown in the records and arguments, such as the age, character and conduct, environment, etc., the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

As stated in the corresponding column of the judgment of the court below, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

1. Legal statement of witness E;

1. C’s statement;

1. Investigation report (any photograph of the suspect recorded in the theft place and CCTV), and investigation report (any suspect against the suspect);

1. Application of Acts and subordinate statutes attached to criminal records and investigation reports (report attached to a judgment);

1. Article 329 of the Criminal Act, Article 329 of the Criminal Act, the Defendant and the defense counsel’s defense counsel’s assertion on criminal facts, including the Defendant and the defense counsel, acknowledged the instant facts charged in the statement of grounds of appeal and claimed unfair sentencing only, but completely denied the instant facts charged

In full view of the evidence mentioned above and the records and arguments of this case, according to the following facts recognized as the defendant committed the theft of this case, the defendant's assertion of the defendant and his defense counsel is not accepted.

The CCTV on which the scene of the crime of this case was stamped shall be the photographed suspect.

참조조문

-형법 제329조

-형사소송법 제364조 제6항

-형사소송법 제369조

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