(영문) 부산지방법원 2020.01.31 2019노2242 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2020.01.31 2019노2242

절도

Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the charge of larceny, which is the primary charge among the facts charged, not guilty on the grounds of the judgment as stated in the judgment below No. 3-4, and found the charge of harboring property, which is the ancillary charge, not guilty on the judgment of the court below.

As to this, the defendant appealed on the grounds of unfair sentencing, and the prosecutor did not separately appeal the acquittal part of the reasons. The acquittal part of the reasons is also judged in the trial together with the conviction part. However, the acquittal part of the reasons was already excluded from the object of attack and defense between the parties and was virtually excluded from the object of trial.

Therefore, the scope of the judgment of this court is limited to the remaining conviction except the acquittal part of the reasoning of the judgment of the court below, and the judgment of the court below on the acquittal part of the reasoning of the court below is not separately determined by the court below.

2. The decision of the court below on the summary of the grounds for appeal (three million won of fine) is too unreasonable.

3. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the circumstances alleged by the Defendant as an element of sentencing were revealed in the hearing process of the lower court and sufficiently considered. There was no particular change in the situation that is the condition of sentencing after the sentence of the lower judgment.

In addition, the sentencing of the court below is assessed in full view of all the reasons for sentencing as shown in the arguments of this case, including the defendant's age, character and behavior, environment, the background and motive leading to the crime of this case, and the situation before and after the crime, etc., that the defendant has been punished several times for the same crime

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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