logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.07.11 2014노1575
절도등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable for a six-month sentence of imprisonment sentenced by the court below to the defendant.

2. Prior to each of the instant crimes, there were five or more times of punishment including imprisonment with prison labor for the crime of larceny and attempted larceny, and in particular, on May 2, 2013, the circumstances, such as the fact that each of the instant crimes was committed even though the said judgment became final and conclusive on May 10, 2013 and the probation period became final and conclusive on May 2, 2013.

However, in light of various sentencing conditions, considering the fact that the defendant recognized each of the crimes of this case and committed each of the crimes of this case, there are circumstances to consider the defendant's mistake, leading to living conditions, committing each of the crimes of this case, and committing the crimes of this case, etc., the extent of damage is minor because the damaged goods are merely 5 mar, which is equivalent to 80,000 won of the market price and 1 mobile phone mobile phone, and 8,000 won of the market price. The damaged goods were completely returned to the victim. The above damaged goods were completely returned to the victim. The above damaged goods were sentenced to imprisonment with prison labor on April 22, 2008 and were sentenced to imprisonment with prison labor for about 5 years before they were sentenced to the above suspended sentence, it seems that the sentence that the above suspended sentence is invalidated due to each of the crimes of this case would be too harsh to the defendant in light of various sentencing conditions. The defendant's economic situation was not excessive, and the defendant's age, environment, family relations, occupation, and circumstances in the crime of this case.

Therefore, the defendant's argument 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 constituting the offense and the evidence recognized by this court shall be as stated in the corresponding column of the original judgment.

arrow