(영문) 서울북부지방법원 2015.09.24 2015노1243

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2015.09.24 2015노1243

점유이탈물횡령등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

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

2. Although the Defendant had been sentenced to a fine once for the same kind of crime as the thief in 2014, each of the instant crimes was committed again, and the possession of the instant thief and the 2-A of the facts constituting the crime in the lower judgment.

Although the victims of the theft, use of computer, etc., and fraud did not receive a statement from the above victims due to the agreement with the above victims, they did not receive a statement from the above victims. However, each of the crimes of this case seems to have been committed for more than five months, and the defendant's mistake was recognized as a whole, and it seems that there was no family member who is merely the age of 20, but has a very difficult living situation. There was no criminal record prior to 2014, and there was no part of the damaged goods (Evidence 1 through 6) among the damaged goods of the crime of misappropriation and the crime No. 2 of the crime of this case as stated in the judgment of the court below.

In light of the fact that some (No. 7 through 9) of the thief goods in the crime of larceny as stated in paragraph (1) were temporarily returned to each victim, and that the victim F of the said thief had expressed his intention not to be punished by the Defendant at the investigation stage, and the motive and background leading up to each of the crimes in this case, circumstances before and after each of the crimes in this case, character and conduct of the Defendant, and occupation, etc., the sentence imposed by the lower court is somewhat unreasonable.

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 that of the judgment below.

참조조문

-형사소송법 제364조 제6항

유사 판례

-서울북부지방법원 2015.07.28 2015노926

-수원지방법원 2014.04.10 2013노5584

-서울북부지방법원 2016.02.04 2015노2149

-부산고등법원 2014.01.09 2013노532

-부산고등법원 2017.01.19 2016노716