logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.07.12 2013노1267
특수절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The gist of the grounds for appeal is that the first instance court sentenced eight months to imprisonment, the second instance court sentenced to imprisonment with prison labor, and the second instance court sentenced to imprisonment with prison labor, and the lower court’s punishment is too unreasonable in light of the defendant’s opposite nature and health conditions.

2. Prior to the judgment on the Defendant’s assertion of unfair sentencing, the lower court’s determination on the Defendant’s assertion of unfair sentencing by ex officio and as each of the lower judgment’s respective cases against the Defendant joined in the trial proceedings, each of the crimes in the first and second judgments in the relationship of concurrent crimes under the former part of Article 37 of the Criminal Act, thereby having to simultaneously render a judgment under Article 38 of the Criminal Act, and thus, the lower court

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above. The judgment of the court below is reversed and it is again decided 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 each judgment of the court of original instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Article 329 of the Criminal Act, Articles 330 of the Criminal Act, Article 331 (1) of the Criminal Act, Articles 342 and 330 of the Criminal Act, Articles 31 (1) of the Criminal Act, Articles 342 and 330 of the Criminal Act, and Article 319 (1) of the Criminal Act, each of the choice of punishment for a crime;

1. It shall be subject to strict punishment in light of the following: (a) the number of times and period of the crimes of the accused for the reason of sentencing under the former part of Article 37, Articles 38(1)2 and 50 (an aggravated punishment for concurrent crimes prescribed by the heavy special larceny) of the Criminal Act; (b) repeatedness and attitudes of the crimes; (c) the value of the stolen goods; and (d) the fact that the value of the stolen goods has not been actively and voluntarily recovered from damage, etc.; (b)

arrow