logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.10.25 2018노2012
특수절도등
Text

We reverse the judgment of the court below.

Defendant shall be punished by imprisonment for a term of one year and ten months.

Seized evidence No. 5 shall be confiscated.

Reasons

1. Summary of reasons for appeal: The punishment of the lower court (one and half years imprisonment, and six months imprisonment) which is unfair in sentencing is too unreasonable.

2. The judgment of the court below ex officio decided to hold a joint hearing of each appeal case against the defendant.

Each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be sentenced simultaneously in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about the sentencing, and the judgment below is reversed, and the following is again decided after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 331(1), 330 (Special thief) of the Criminal Act regarding criminal facts, Articles 342, 331(1), 330 (Crimes of Attempted Special thief) of the Criminal Act, Article 330 of the Criminal Act (Crimes of thief) and Article 347(1) of the Criminal Act regarding the selection of punishment (the point of larceny and the choice of imprisonment)

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Defendant, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, has committed all of the crimes of this case, and reflects the entire and wrongness of each of the crimes.

Total amount of damage is not so significant.

However, the defendant had been punished several times for the same crime, and without being aware of the period of repeated crime, committed the crime of this case.

The number of crimes in this case is high, the total number of 17 victims is high, and the quality of crimes is high in light of the circumstances and contents of crimes.

arrow