logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.01.19 2017노4080
특정범죄가중처벌등에관한법률위반(절도)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

evidence of seizure.

Reasons

1. The summary of the reasons for appeal (No. 1: Imprisonment with prison labor for 2 years and 6 months, and imprisonment with prison labor for 2 years and 1 year) by the court below is too unreasonable.

2. The defendant filed an appeal against the judgment of the court below and decided to concurrently examine all the above appeal cases. Each of the offenses committed by the court below against the defendant is related to concurrent offenses under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more in this respect.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, the summary of the evidence is cited.

Application of Statutes

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the choice of punishment, Article 329 of the Criminal Act (abstinence), Articles 5-4(5)1 and 331(1) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 331(1) (a) of the Criminal Act, Article 366 of the Criminal Act, Article 31 of the Criminal Act (abstinance, selection of imprisonment with labor), Article 319(1) (a) of the Criminal Act (a selection of imprisonment with labor)

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. The defendant's reasons for sentencing under Article 48 (1) 1 of the Criminal Act include the fact that the defendant recognized his/her mistake and reflects his/her mistake, and that some damaged items have been returned.

arrow