logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.12.11 2015노855
상습절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, two years of suspended execution, and probation) of the lower court against the Defendant is deemed unreasonable.

2. Although the judged defendant had a history of criminal punishment, including punishment for the same crime, he/she again committed the crime, it is also true that there is a need for strict punishment corresponding to his/her responsibility against the defendant.

However, it is relatively minor that the defendant led to the confession of his crime and reflects against himself, and that the thief of this case is only one of the 4.5 million won in cash owned by the victim E, 80,000 won in cash owned by the victim, and one of the head of Tong, etc., and that the damage is relatively minor. The victims want to be punished by the victim by mutual consent with the victims, and that the defendant's most recent criminal punishment for the same kind of crime is more than 10 years prior to 2001, and the husband of the defendant is able to concentrate on the medical treatment of the defendant and the prevention of recidivism, and there is a favorable circumstance for the defendant.

In addition to these circumstances, comprehensively considering all the conditions of sentencing as shown in the argument of this case, such as the defendant's age, family relation, motive for the crime, and circumstances after the crime, it does not seem that the court below's sentence against the defendant is too minor

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

arrow