(영문) 대구고등법원 2018.10.15 2018노318 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구고등법원 2018.10.15 2018노318

절도등

Text

1. The part of the judgment below, excluding the compensation order, shall be reversed.

The defendant shall be punished by imprisonment for four years and a fine.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (the imprisonment of 4 years and 6 months and the fine of 300,000 won) is too unreasonable.

2. Determination

A. Examining the judgment on the grounds of appeal in the instant case (the part of the instant case), the following facts were revealed: (a) the Defendant had been punished several times, including imprisonment with prison labor due to a violation of the Road Traffic Act (licenseless driving), and the Defendant had been punished several times, including imprisonment with prison labor due to a violation of the Road Traffic Act (licenseless driving); (b) the Defendant had been sentenced to 4 months imprisonment with prison labor due to a theft crime under the Road Traffic Act, etc.; and (c) committed a theft of money and valuables up to 15 million won, etc.; and (d) some victims have committed violence to evade arrest; and (e) among them, the victim E was committed with a view to evading arrest; and (e) the victim E was committed with an injury beyond the time when inserted in agriculture; and (e) the victim was committed with no injury to his property during the instant crime; and (e) the victim was committed with no injury to his property again during the pertinent criminal period.

On the other hand, the defendant had been aware of the facts of the crime in this case from the investigative agency, and the court below found that the part of the crime of robbery was disputed at the court below, and it shows that his mistake is against the depth of the crime in this case by recognizing all of the crimes in this case. The defendant was faced with demands for business failure and difficulties in living, which led to the crime in this case. In the case of robbery, the theft itself did not reach the number of pages, and the degree of the victim's injury is not very serious, and the crime of robbery is also serious.

유사 판례

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