logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.11.02 2017노2152
절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

The summary of the grounds for appeal (unfair sentencing): The punishment of each court below (the first instance court: imprisonment with prison labor for 2 years and the second instance court: imprisonment with prison labor for 3 months) is too unreasonable.

The grounds for appeal by authority shall be examined ex officio prior to the judgment.

Article 38 of the Criminal Act provides that a single sentence shall be imposed in accordance with Article 38 of the Criminal Act for concurrent crimes under the former part of Article 37 of the Criminal Act for the resolution of the first instance trial and the second instance judgment. Therefore, all of the judgment below and the second instance judgment are not guilty.

As above, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are as stated in each 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. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 329 of the Criminal Act concerning the selection of the punishment (a point in Section 329), Articles 342 and 329 of the Criminal Act, Article 319 (1) of the Criminal Act (a point of intrusion upon residence), and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The instant crime on the grounds of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is deemed to have been committed on seven occasions of larceny and intrusion into residence, one time of attempted larceny and intrusion into residence, one time of attempted larceny, and one time of attempted larceny, and the total amount of damage shall be KRW 5,707,000.

The recovery of damage was not proper.

Defendant was sentenced to a suspended sentence of 1 year and 6 months in 2008 and 2010, and 10 months in 2014, and 50,000 won in 206 due to intrusion upon residence in 2006, and 500,000 won in 207, due to other violations of law.

In particular, the defendant repeated the period of repeated crime, such as larceny, which completed the execution of punishment on September 16, 2014.

The sentencing criteria.

arrow