(영문) 수원지방법원 2018.11.06 2018노3122 | 리걸엔진

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Reasons

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크기(pt)

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자간(%)

(영문) 수원지방법원 2018.11.06 2018노3122

절도

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged, did not have stolen clothes and burners.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court may recognize the Defendant’s theft of clothes and burners as stated in the facts charged.

(1) The injured party entered the investigative agency on June 23, 2017, and asked the accused to find the things as if he were to live, and then steals his clothes.

1. The written statement to the effect that “ was made and submitted.”

② On June 23, 2017, CCTV inside the burial, in which the Defendant laid down a cresh that is not deemed the victim, and instead, put the cresh that the Defendant saw into a plastic fluoring paper boomed by the Defendant’s shot clothes, and the body of the victim to escape after putting the articles that had been put in the brush front of the burial in the bags on July 4, 2017, is in accord with the victim’s statement.

Therefore, this part of the defendant's argument is without merit.

B. In the criminal litigation law, which takes the principle of unfair trial-orientedness and directness of sentencing, there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The conditions of sentencing are not changed compared with the lower court’s judgment because new materials for sentencing have not been submitted in the trial court, and the sentencing of the lower court was too excessive and exceeded the reasonable scope of discretion in full view of all the reasons for sentencing specified in the records of the instant case.

shall not be deemed to exist.

Therefore, this part of the defendant's assertion is without merit.

3. The Criminal Procedure Act provides that the Defendant’s appeal is groundless.

참조판례

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

유사 판례

-광주지방법원 순천지원 2015.12.23 2015고단2106

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-인천지방법원 2015.05.29 2014노2293

-부산지방법원 2018.01.11 2017노4110

-대전지방법원 2013.09.04 2013고단1687