(영문) 부산고등법원 2019.06.05 2019노160 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2019.06.05 2019노160

절도등

Text

The judgment of the court below is reversed.

Defendant

In addition, a person who requests an attachment order shall be punished by imprisonment with prison labor for up to two years and two months.

Defendant

(b).

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (three years of imprisonment) is too unreasonable.

B. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) maintain their livelihood on a daily basis, and the need to attach an electronic tracking device is not possible to find jobs and make their livelihood very difficult.

2. Determination

A. As to Defendant case (Defendant’s assertion of unfair sentencing), the relevant legal doctrine refers to cases where the sentence of the lower judgment is too heavy or too minor in light of the specific case’s content. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment and the sentencing of the lower court does not exceed the reasonable scope of the discretion, the appellate court is reasonable to respect the sentencing of the lower court. On the other hand, in full view of the following factors: (a) where the lower court’s determination of sentencing was deemed to have exceeded the reasonable bounds of the discretion when comprehensively considering the sentencing criteria and the sentencing criteria, or where it is deemed unfair to maintain the lower court’s determination of sentencing in full view of the materials newly discovered in the course of the appellate court’s review of sentencing, the appellate court should reverse the unfair judgment of the lower court (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). 2)

The crime of this case is committed by the defendant thefts the bals of the victims who were diving or drunk through two times, and only the bals of the victims who were set up in soup and soup, and the nature of the crime is very poor in the object or method of the crime.

The defendant committed the crime of this case in the past two months since he was released from prisons even though he had been sentenced to punishment more than twice due to the same crime.

And the Defendant.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

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