logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.02 2016노1387
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court (two years of imprisonment and one hundred months of confiscation) on the summary of the grounds for appeal is too unreasonable;

2. Although the defendant's mistake is divided, there are circumstances such as the restoration of part of the damaged goods or the agreement of his accomplices with some victims, the defendant committed the crime of this case even though he had the same criminal records several times during the period of repeated crime, in light of the number of crimes and the amount of damage, etc., the crime of this case is not good, and the first instance court seems to have sentenced a minor punishment than imprisonment (three years of imprisonment and confiscation) prior to the retrial in consideration of the circumstances that the defendant already claimed, and there is no change in sentencing conditions that may be particularly considered in the appellate trial, and it is difficult to view that the first instance court's punishment is unfair because it is too too much imposed, even if examining various circumstances such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc.

Therefore, the defendant's above assertion of unfair sentencing is without merit.

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

arrow