logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.08.30 2019노993
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) of the lower court’s punishment is too unreasonable.

2. A prosecutor who made an ex officio judgment applied for permission to change the name of the crime to larceny in relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the judgment of the court below is no longer maintained as the case was changed due to permission.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of ex officio reversal, and the following is again decided as follows.

【Reasons for the Judgment of the court which has been written] The summary of facts constituting a crime and evidence recognized by the court is as follows. Except for deletion of 2, 11, 12, 3, 1, and 2 of the judgment of the court below, it is identical to each corresponding column of the judgment of the court below. Thus, it is accepted as it is in accordance with Article 369 of the Criminal Procedure Act, since the facts constituting a crime and summary of evidence recognized by the court below are as follows.

[Criminal Power] On May 31, 2018, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Southern District Court, and on August 4, 2018, the Defendant completed the execution of the said sentence at the Seoul East East District Court.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent offenders, the Defendant, for reasons of sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, recognized each of the instant crimes.

However, the Defendant committed the same crime without being aware of the repeated crime, and committed each of the crimes of this case.

Although the amount of damage is low, the damage has not been recovered.

In addition, the records and arguments of this case, such as the age, character and conduct, and environment of the defendant, are shown.

arrow