logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.11.19 2020노790
절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

2. The fact that the defendant was punished for the same kind of crime that stolen property from a food museum or marina site, and that no agreement has been made with the victim is disadvantageous to the defendant.

However, in full view of the following: (a) the Defendant recognized the instant crime; (b) the Defendant committed the instant crime; and (c) the theft was returned to the victim; and (d) the Defendant’s age, character and conduct, intelligence and environment; (b) motive, means and consequence of the instant crime; and (c) the lower court’s punishment is somewhat unreasonable and thus, the Defendant’s assertion of unfair sentencing is unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Prior to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions set forth in the above order shall be comprehensively considered.

arrow