logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2015.09.02 2015노224
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. Determination factors are recognized as favorable sentencing factors or neutral and objective sentencing factors, such as the fact that the defendant recognized all the crimes of this case and the victim's degree of damage is not hot.

However, the court below held that each of the crimes of this case, which are recognized in accordance with the evidence, the evidence, the rule of evidence, and the legal principles, was proved (the court below's judgment that there was evidence on the laging of the lag and the lag theft), and the crime, are also recognized as an unfavorable sentencing factor or a neutral and objective sentencing factor, such as the following facts: (a) the various representative motor vehicle doors parked in a public parking lot at night shouldered with the laging tool; (b) the crime of this case was committed several times before the crime of this case was committed; and (c) the defendant had been punished several times as the same crime of this case; and (d) the crime of this case

In full view of such factors as the sentencing factors and sentencing guidelines, the statutory penalty for the instant crime (a imprisonment of up to nine years or a fine of up to 15 million won) and the applicable sentences in this case, the sentencing cases for similar cases, the appellate court’s sentencing decisions (Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015), the Defendant’s age, character and conduct, intelligence and environment, the motive and circumstance leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the lower court’s judgment that selected and sentenced a lower side within the scope of the recommended sentence cannot be deemed to be excessive to the extent that it has to be reversed.

Therefore, the defendant's assertion is without merit.

[Main basis for the determination of both punishment] - thief crime group, habitual repeated crime, first category (general repeated crime), minor and serious reflectivity

3. Conclusion.

arrow