(영문) 전주지방법원 2015.06.12 2015노355 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 전주지방법원 2015.06.12 2015노355

특수절도

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than eight months.

, however, the defendant.

Reasons

1. The summary of the grounds for appeal (for defendant A, one year of imprisonment, and eight months of imprisonment) of the lower court is too unreasonable;

2. Determination

A. As to the Defendant A’s assertion of unfair sentencing, Defendant A’s confession of the instant crime and reflects his mistake, Defendant A consented with the victim I and deposited KRW 2 million for the victim F, etc. are considered favorable to the Defendant A.

However, the crime of this case committed by Defendant A in collaboration with Defendant B, thereby destroying the entrance door correction device, entering the building into the building, and the nature of the crime was serious, Defendant A was sentenced to punishment for special larceny; Defendant A was sentenced to punishment on May 20, 2014; Defendant A committed the crime of this case in the absence of six months of imprisonment with a deadly weapon and the execution of punishment was completed or two months have not passed since it was committed on May 20, 2014; Defendant A committed the crime of this case again in the absence of imprisonment with a deadly weapon; and Defendant A’s age, character and conduct, family environment, etc.; and in consideration of all the sentencing conditions indicated in the argument of this case, Defendant A’s punishment was too unreasonable, and thus, Defendant A’s

B. Defendant B’s crime of this case regarding Defendant B’s assertion of unfair sentencing needs to be strictly punished on the grounds that Defendant B destroyed the entrance and damaged the correction device of the entrance together with Defendant A, entered the building into the building, and stolen the victims’ goods.

However, in light of the fact that Defendant B led to the instant crime and is against the nature of the Defendant B, Defendant B agreed with the victim I and deposited KRW 2 million for the victim F, Defendant B did not have any record of criminal punishment since 2001, and other various sentencing conditions shown in the instant argument, including the Defendant B’s age, character and conduct, and family environment, the sentence that the lower court sentenced to Defendant B is too unreasonable.

유사 판례

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