logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.06.25 2018노1261
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The facts that the defendant recognized and reflected each of the crimes of this case, and that the damaged articles were returned to the victim or agreed with a considerable number of victims are favorable circumstances.

However, each of the crimes of this case is very serious, and the defendant committed each of the crimes of this case without being aware of the fact that he was sentenced to a suspended sentence for six months of imprisonment with prison labor for special larceny, even though he was under the suspended sentence for two years, and the special larceny of this case is a serious crime that cannot be sentenced to a fine for not less than one year but not more than ten years, and it is inevitable to sentence the defendant due to the reason for the suspended sentence. In addition, considering the favorable circumstances of the defendant already favorable to the defendant, the court below's sentence of punishment is inevitable. Considering all the circumstances that form the conditions of the sentencing of this case as indicated in the records, including the defendant's age, sexual behavior, environment, circumstance of the crime, and circumstances after the crime, etc., the sentence of the court below is judged to be proper and it cannot be deemed to be unfair for the defendant's argument that the sentencing of this case is unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow