logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.10.30 2014노1081
특수절도미수등
Text

The defendant's appeal is dismissed.

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. The judgment of the court below is in profoundly against the defendant's mistake, and it is recognized that the victimJ of the thief of this case recovered damaged goods and did not want the defendant's punishment, but the court below seems to have already determined the defendant's punishment in consideration of the above circumstances. The defendant has been punished several times due to the same kind of crime; the defendant committed each of the crimes of this case again during the repeated crime period due to the same kind of crime; and other circumstances which form the conditions for sentencing as shown in the records, such as the motive and background leading up to each of the crimes of this case; the circumstances before and after the crime of this case; the defendant's age, character and character, environment, occupation and family relation; it cannot be deemed that the sentence imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, the court below's application of the law

1. Article 342 and Article 331(2) of the Criminal Act provides that “Defendant B shall be deemed to have a wrong statement under Article 342 and Article 331(2) of the Criminal Act.” Thus, the correction is made ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure.

.

arrow