(영문) 대구지방법원 2016.10.19 2016노2925 | 리걸엔진

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크기(pt)

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자간(%)

(영문) 대구지방법원 2016.10.19 2016노2925

절도등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the so-called “singing” crime, together with regard to the assertion of unfair sentencing by the Defendant and the prosecutor, shall be acknowledged as the subject of major crimes, causing more difficult situations to the victims by taking advantage of their poor places, and causing serious damage to the trust of the State agencies of ordinary members of society, financial institutions, etc., as well as direct victims, etc., and causing very serious social harm, and thus, the crime of this case requires strict punishment. The crime of this case is acknowledged as follows: (a) the Defendant et al. had the victim, etc. take the phone and keep cash inside the victim in the victim’s house, and had the victim keep cash in the victim’s house; and (b) the Defendant was a new type corporation due to the strengthened crackdown by the relevant authorities to prevent the occurrence of “sing passbook”, and the Defendant was unable to agree with the victim several times.

However, when considering the degree of punishment of accomplice E in the relevant case, the defendant's age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the instant argument, such as the circumstances after the crime, it is recognized that the sentence imposed by the court below is too unreasonable, in light of the following: (a) the defendant has been committed, and there is no history of punishment for the same kind of crime; (b) the victim has fully repaid KRW 10,000,00,000,000,000,000,000,000,000,000,000,

Therefore, the defendant's argument is justified, while the prosecutor's argument is without merit.

3. Conclusion.

유사 판례

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