(영문) 인천지방법원 2015.03.27 2015노196 | 리걸엔진

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(영문) 인천지방법원 2015.03.27 2015노196

절도

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding the Defendant did not steals the amount of 1.2 million won in cash within the scope of handbags owned by the victim F.

B. The sentence of imprisonment (ten months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. In full view of the following circumstances that can be acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, ① the victim F was stolen at the level of KRW 1.2 million from the investigative agency to the court below to the court below, and the location and amount of the donation consistently stated; ② the victim did not want punishment against the Defendant; ② the degree of damage seems unnecessary because the victim does not want to be punished; ③ the Defendant also recognized the fact that part of the cash located in the handbag of the above victim’s handbag., the Defendant stolen the victim’s cash owned by the victim.

Therefore, the defendant's assertion of mistake is without merit.

3. A favorable circumstance, such as the Defendant’s recognition of part of the instant crime and reflects on the allegation of unfair sentencing, and the victim F does not want the Defendant’s punishment, or the Defendant has been punished several times for the same kind of crime, and the Defendant committed part of the instant crime even during the period of repeated crime after the punishment was imposed for the same crime, and did not recover from damage or reach an agreement.

In addition, in full view of all the circumstances, such as the character and conduct of the defendant, the environment, the relationship between the victims, the motive, means and result of the crime of this case, the circumstances after the crime, etc., and the sentencing conditions in the records, the sentence imposed by the court below against the defendant is deemed appropriate.

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

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