logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.01.21 2015노6688
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (one year and two months) pronounced by the court below on the gist of the grounds of appeal is too unreasonable.

2. In light of the fact that the Defendant could be deemed to have committed the instant crime because of the economic difficulties at the time, and the value and quantity of the instant stolen goods, and the fact that some victims received the return of the relevant stolen goods, etc., the damages suffered by the victims cannot be deemed to be excessive due to the instant crime, and the fact that the Defendant repented and reflected his mistake is favorable to the Defendant.

However, there are many records that the Defendant had been punished for suspended execution due to the same crime, and the crime of this case was planned in advance to commit the crime, such as by sharing the role of the Defendant, either solely or jointly with D or I, and stolen construction materials, etc. attached to the victim F's building or the victim K, etc. on the construction site, and it is not good to commit the crime. In the case of the special larceny of this case, the Defendant was led to or was involved in the crime, at least, the degree of participation in the crime is significant.

In light of the fact that the victims suffered losses due to the crime of this case and the fact that the victims have not been properly recovered until the recent years, and other various sentencing conditions, such as the defendant's age, environment, and sexual conduct, it is difficult to view the sentencing of the court below as unfair because the sentencing of the court below is too excessive. Thus, the above argument by the defendant is without merit.

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