(영문) 수원지방법원 2015.03.23 2014노7658 | 리걸엔진

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) 수원지방법원 2015.03.23 2014노7658

절도등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The judgment of the defendant not only has the past record of having been punished several times for the same kind of crime, but also has committed each of the crimes of this case during the period of repeated crime for the same kind of crime, but also has not reached agreement with the victim until the trial of the case, but also has not made any effort to recover from damage, etc., are the circumstances unfavorable to the defendant.

On the other hand, it is favorable to the defendant for the following reasons: the defendant's awareness of each of the crimes in this case and reflects the defendant, the damaged vehicle was recovered, and the amount of damage is not relatively large.

In light of the above circumstances, if all circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, are taken into consideration, the sentence of the lower court is deemed appropriate, and it cannot be deemed that the Defendant’s and the prosecutor’s assertion are too heavy or unreasonable. Thus, all of the arguments by the Defendant and the prosecutor are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, Article 329 of the Criminal Code (the "Article 329 of the Criminal Code) is amended to "Article 329 of the Criminal Code (the overall, larceny)", and "Article 70 (1) 3 of the Specialized Credit Finance Business Act (the use of stolen credit cards)" to "Article 70 (1) 3 of the Specialized Credit Finance Business Act (the overall, use of stolen credit cards)".

참조조문

-여신전문금융업법 제70조 제1항 제3호

-형법 제329조

-형사소송규칙 제25조 제1항

-형사소송법 제364조 제4항

유사 판례

-부산지방법원 2014.10.08 2014노2613

-대구지방법원 2019.06.20 2019노1295

-광주지방법원 2019.03.19 2018노1592

-대전지방법원 2015.10.16 2015노1980