(영문) 의정부지방법원 2015.02.06 2014노3093

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(영문) 의정부지방법원 2015.02.06 2014노3093

특정범죄가중처벌등에관한법률위반(절도)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case was committed repeatedly over a considerable period of time by the defendant, and the nature of the crime is not good. However, in full view of all the circumstances such as the defendant's age, character and behavior, environment, the circumstances leading up to the crime of this case, the circumstances leading up to the crime of this case and the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable, considering the following factors: (a) the defendant led to the confession of the defendant and reflects on the defendant; (b) the amount of damage as stated in the facts charged was deposited for the victim; and (c) the victim was paid a total of KRW 30 million with the agreed amount to the victim; and (d) the defendant has no other criminal power; and (e) the defendant has no other criminal power; and (e) the

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts, and Article 329 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration favorable to the grounds for reversal);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act ( normal circumstances favorable to the grounds for reversal of the above judgment)

1. The range of recommending punishment according to the sentencing guidelines (decision of types of punishment) shall be limited to types 1 (general and repeated crime thief) (special and repeated crime thief).

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의4 제1항

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