(영문) 창원지방법원 2020.07.23 2020노935 | 리걸엔진

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자간(%)

(영문) 창원지방법원 2020.07.23 2020노935

특수절도미수등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The judgment defendant had the record of being punished as a same crime, and has not served for the same crime and has committed the crime of this case again because one month has not yet passed since he was released from parole.

However, the Defendant recognized the instant crime and is against the Defendant.

The amount of damage caused by the instant crime is relatively large.

The physical card used by the defendant in the crime of fraud is the body card of F for the victim of night building intrusion, and the defendant agreed with the victims of special larceny and night building intrusion theft. The most damage caused by the crime of this case was recovered.

The owner who has employed the defendant directly agreed with the victims for the re-employment of the defendant, and the re-employment of the defendant is guaranteed.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive, content, means and consequence of the crime, and all of the sentencing conditions shown in the records and arguments, such as the circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

The defendant's assertion of unfair sentencing is justified.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the description of each corresponding column of the judgment 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 facts constituting an offense, Articles 342 and 331(1) of the Criminal Act (the charge of attempted special larceny), Article 330 of the Criminal Act (the charge of larceny at night), Article 347 (1) of the Criminal Act (the charge of larceny at night), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the charge of using a force-off debit card and the choice of imprisonment);

1. The Criminal Act among concurrent crimes.

참조조문

-여신전문금융업법 제70조 제1항 제3호

유사 판례

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