(영문) 부산지방법원 2016.02.04 2015노2747 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.02.04 2015노2747

야간건조물침입절도

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The judgment that the Defendant had a history of criminal punishment by committing a crime with the same content twice or more, and that the Defendant did not agree with the victim, etc., are disadvantageous to the Defendant, or that the Defendant led to the confession of the crime of this case, and that the Defendant suffers from a disability by coercion, and that such mental illness affected the crime of this case.

The Defendant appears to have discovered that he had a disability by coercion and treated him after committing the instant crime.

In full view of the following factors: (a) the Defendant’s stolen goods are likely to be removed, such as water supply taps, etc. installed in an empty space where removal is expected; and (b) the Defendant’s age, sexual conduct, intelligence and environment; (c) relationship with the victim; (d) motive, means and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., the lower court’s punishment is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 330 of the Criminal Act applicable to the crime and Article 330 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

참조조문

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