logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.12.14 2018노3334
절도미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. In full view of the circumstances favorable to the defendant, including the fact that the defendant has a majority of criminal records of the same kind, that the defendant repeats the offense over several times during the period of repeated crimes due to the same criminal record, the victim D is not subject to punishment, and that the mother has made an effort by the mother of the defendant, and that most of the damage, such as the victim J and W, has been recovered in the trial, and that the suspended sentence becomes final and conclusive, and that the sentence becomes void, the sentence imposed by the court below is unfair because it is too unreasonable in full view of all the sentencing conditions of the records and arguments of this case, including the defendant's age, sexual behavior, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In a judgment on the grounds for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes, the punishment as set forth in the disposition shall be determined for the same reasons as seen in the judgment on the grounds for sentencing.

arrow