(영문) 서울고등법원 2013.05.30 2013노340 | 리걸엔진

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(영문) 서울고등법원 2013.05.30 2013노340

특정범죄가중처벌등에관한법률위반(절도)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

1,000,000 square meters (No. 13), 1,000,000.

Reasons

1. The main point of the grounds for appeal is that the sentence of imprisonment (4 years and six months, and confiscation) by the court below is too unreasonable.

2. In light of the following: (a) the instant crime committed on board the board was committed by the Defendant who habitually intruded the victims’ residence using gas pipes at night on five occasions; and (b) the Defendant had been sentenced several times due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and a crime of attempted larceny at night; and (c) the Defendant committed the instant crime since six months have not elapsed since the execution of the final sentence was completed, it is necessary to punish the Defendant with severe punishment corresponding to the relevant crime.

However, the defendant made a confession of the crime of this case in depth and divided his mistake in depth, and again, the number of the crimes of this case was limited to five times, and the total amount of the damaged amount of money was not more than KRW 3740,000,00,000, and the total amount of stolen goods was seized and returned to the victims. The defendant's family members were agreed with the victim H, the defendant's family members want not give up the defendant, and the defendant's behavior, environment, motive and circumstance of the crime, the means and consequence of the crime, and circumstances after the crime, etc. are considered in consideration of various sentencing conditions indicated in the records, and thus, the court below's punishment is somewhat inappropriate. Thus, the defendant's assertion of unfair sentencing is justified.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: "3,749,900 won" during the last criminal charge of the judgment below, and the list of crimes is as follows.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형사소송법 제364조 제6항

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