(영문) 수원지방법원 2019.03.21 2018노5657 | 리걸엔진

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Reasons

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자간(%)

(영문) 수원지방법원 2019.03.21 2018노5657

절도

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant’s misunderstanding of facts reports the fact that the victim’s scams were placed in the luxa together with garbage, such as the abolition of the victim’s scams and brought about the victim’s awareness of the luxa, it cannot be deemed that the Defendant

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the lower court’s duly adopted and investigated evidence, namely, (i) the victim’s Libera was set up in front of a commercial building at the time of the instant crime; and (ii) the Liber was set up with her strings, such as abolition and clothes, and thus, there was no circumstance to mislead the victim into being discarded of articles, including 14:30, and (ii) the period of the instant crime was 14:30, the Defendant appears to have sufficiently recognized the aforementioned circumstances; and (iii) the Defendant could fully recognize the fact that the victim’s goods were stolen as stated in its reasoning.

Therefore, the defendant's above assertion is not accepted.

B. Compared to the first instance court’s judgment on the assertion of unfair sentencing, there is no change in the conditions of sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The following circumstances are acknowledged: (a) the fact relevance of the instant crime is recognized by the Defendant; (b) there is no history of criminal punishment; (c) the value of the stolen object is a relatively small amount; and (d) the current injury and disease suffered by the Defendant appears to have partly affected the instant crime; (b) it appears to have been considered in the sentencing of the lower court; and (c) it is new after the sentence of the lower judgment.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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