(영문) 대구지방법원 2017.10.26 2017노2027 | 리걸엔진

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(영문) 대구지방법원 2017.10.26 2017노2027

절도등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The lower court’s sentence (two years of suspended sentence for one year of imprisonment, two years of surveillance of protection, and forty hours of compliance driving) on the gist of the grounds of appeal is deemed to be too uneasible and unfair.

2. In determining the facts charged, there are favorable circumstances such as the fact that the defendant recognized the facts charged and reflects it, and that the said victim does not want the punishment of the defendant by agreement with the victim of the larceny crime.

However, in this case, the Defendant committed the crime of larceny and unlicensed driving on October 15, 2016, which was long thereafter, and caused an accident on December 15, 2016. The Defendant had already been punished by imprisonment with prison labor on December 15, 2016, including imprisonment with prison labor on the grounds of drunk and unlicensed driving, and imprisonment with prison labor on the grounds of drinking, unlicensed driving in 2007, and imprisonment with prison labor on December 15, 2016, and had already been punished by a fine of three times in addition to imprisonment with prison labor on October 27, 2016 between each of the instant crimes, and received a summary order separately for the crime.

The Defendant was unable to receive a letter from the victim of the crime of drinking traffic in the instant case.

In full view of the aforementioned various unfavorable circumstances and other various sentencing conditions as shown in the records, such as the Defendant’s age, sex, environment, circumstances leading to the commission of the crime, and the circumstances after the commission of the crime, the sentence of the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of facts and evidence recognized by this court is stated in the corresponding column of the original judgment.

유사 판례

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