(영문) 서울북부지방법원 2015.09.24 2015노1276

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2015.09.24 2015노1276

절도

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.

2. The judgment of the court below, although the defendant had been sentenced to imprisonment with prison labor, a suspended sentence of imprisonment with prison labor and a fine several times for the same crime as the crime of this case, and the defendant was sentenced to imprisonment with prison labor for six months for the same crime of this case and was sentenced to a suspended sentence of two years for the same crime of this case, and the defendant again committed the crime of this case without being informed of the defendant during the suspended sentence of one week from the time the judgment became final and conclusive. However, although the defendant was erroneous, the defendant was found to have committed the crime of this case, it is against depth, and the victim D did not have much any damage caused by the crime of this case, and the court below stated that the defendant already compensated the victim and agreed with the victim that the victim did not want the punishment of the defendant. In the case where the sentence of imprisonment with prison labor for the crime of this case becomes final and conclusive, the suspended sentence of six months for the defendant is revoked, and the defendant will be recovered by adding up the punishment to that time, and considering the motive and circumstances leading to the crime of this case of this case, the defendant's character and circumstances, circumstances.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

-서울북부지방법원 2015.06.25 2015노643

-서울북부지방법원 2015.11.19 2015노1182

-인천지방법원 2019.01.24 2018노3990

-대전고등법원 2015.11.13 2015노459

-서울북부지방법원 2015.08.27 2015노1021