logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.09.11 2015노2510
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. The sentence imposed by the court below (one year and four months of imprisonment) is too unhued and unreasonable.

2. Determination: (a) there are favorable circumstances for the defendant, such as the fact that the defendant recognized each of the facts charged in this case and against his mistake; (b) certain crimes were committed, and the amount of damage was relatively much high; (c) however, the defendant, who had been punished several times for the same crime including the previous sentence of imprisonment and eight times, repeats the crimes in this case again during the repeated period for the same crime; (d) particularly the defendant committed multiple crimes beginning with the crime of this case for a period of four months and longer; (e) some of the crimes in this case were committed by intrusion upon another person’s residence; and (e) there was a risk that some of the crimes in this case may cause more serious results such as robbery; (e) deeming that the defendant continued to repeat the above crimes; and (e) deeming that the risk of repeating the crime is significantly high by deeming the victims to have not been completely recovered; and (e) taking account of various circumstances in the records and arguments, such as the age, character and conduct of the defendant, etc., the prosecutor’s allegation that the court below rendered a sentence is unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is well-grounded, and the following is again decided after pleading.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 332, 329 and 342 of the Criminal Act concerning the selection of criminal facts (generally and severally, choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

arrow