(영문) 창원지방법원 2017.03.16 2016노2757 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2017.03.16 2016노2757

절도

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (five million won in penalty) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. Determination: (a) the Defendant had been sentenced to several punishments for larceny-related crimes; (b) on September 18, 2014, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment for special larceny by attempted crimes, etc. in the Changwon District Court closely supporting the Changwon District Court on September 18, 2014; (c) on January 20, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for larceny from the Changwon District Court Branch Branch Branch Branch on March 19, 2015; and (d) on March 28, 2016, the sentence of the said suspended sentence became final and conclusive and conclusive and the sentence of the said suspended sentence became final and conclusive, and committed the larceny of this case for a repeated period on March 28, 2016. The fact that the Defendant committed the larceny of this case is deemed to have committed an unfavorable sentencing reason for sentencing; (d) the Defendant recognized the Defendant’s mistake and against the market price of damaged goods; and (d) the Defendant does not want to have re-related with the larceny.

It is a favorable reason for sentencing.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the offense, and all other matters on the sentencing indicated in the records and arguments of this case, the sentence of the lower judgment is deemed reasonable, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

유사 판례

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