logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2015.08.19 2015재노3
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

No. 1 to 6, 8, 39 of seized evidence.

Reasons

1. The sentence of the court below (three years of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, prior to the judgment on the grounds for appeal, the prosecutor applied for changes to the contents of "Articles 32, 329, 342, 342, 35, and 48 (1) of the Criminal Act" and "Articles 332, 342, 342, 342, 35, and 48 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Articles 32, 329, 342, 342, 35, and 48 (1) of the Criminal Act". Since the court was subject to adjudication by permitting it, the judgment of the court

3. Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and the judgment below is again ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 332, 329, 342, and 30 of the Criminal Act concerning the selection of criminal facts (or, collectively, choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act has the same criminal records as the defendant several times, and the defendant committed the crime of this case at another time since three months have not yet passed since the completion of the execution of imprisonment for the same kind of crime, and the amount of damage caused by the crime of this case is not significant; circumstances unfavorable to the defendant; on the other hand, the defendant recognized and reflected the crime of this case; the defendant reached an agreement with the victim D; and the amount of profit of the defendant caused by the crime of this case.

arrow