(영문) 수원지방법원 2014.10.30 2014노4948 | 리걸엔진

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(영문) 수원지방법원 2014.10.30 2014노4948

특수절도등

Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of the original court (No. 1.6 months of imprisonment; 1.6 months of imprisonment; 6 months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, each appeal case against the judgment below was consolidated when the judgment below was examined, and each offense of the defendant by the judgment below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below should be rendered at the same time in accordance with Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above reasons for reversal of authority, and it is again decided as follows.

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts and the point of special larceny in the choice of punishment: The point of larceny under Article 331 (2) and (1) of each Criminal Act: The point of larceny under Article 329 of each Criminal Act (Options of Imprisonment): Articles 329 and 31 (1) of the Criminal Act;

1. From among concurrent crimes, the sentencing of Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act: (a) the Defendant, who was a juvenile, has induced co-defendant B, etc. to commit the crime; and (b) the risk of recidivism is considerably high in light of the Criminal Code, etc.; (c) on the other hand, the Defendant recognized his mistake; (d) the Defendant has no criminal record exceeding the same criminal record and fine; (e) the number of the crimes and the amount of damage therefrom; and (e) the degree of participation in the crime; and

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유사 판례

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