logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.02.12 2019노4188
절도등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 did not commit the larceny and attempted larceny. 2) At the time of committing the instant crime with mental disorder, the Defendant was in a state of mental disorder or mental disorder.

3) The sentence of an unreasonable sentencing (eight months of imprisonment) by the lower court is too unreasonable and unfair. B. The prosecutor (the sentence of the lower court’s imprisonment with prison labor is too uneasible and unfair).

2. Determination

A. According to the evidence duly admitted by the court below as to the defendant's assertion of mistake of facts, the defendant's crime of larceny and attempted larceny is sufficiently recognized. Therefore, this part of the defendant's assertion is without merit.

B. In light of the background, method, and method of the instant crime committed by the evidence duly adopted and examined by the lower court, and the conduct before and after the instant crime, it does not appear that the Defendant had lost or weak ability to discern things or make decisions at the time of the instant crime.

Therefore, the defendant's above assertion is without merit.

C. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the lower court, by taking into account the favorable and unfavorable circumstances of the Defendant, determined the Defendant’s punishment as above.

In full view of all the circumstances that are conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may change the original court’s punishment.

In addition, even in full view of the sentencing factors revealed in the proceedings of the instant case, such as the Defendant’s age, environment, background and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentencing is too heavy or it does not seem to have exceeded the reasonable scope of discretion.

The defendant and prosecutor's assertion of unreasonable sentencing is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and thus, Article 364(4) of the Criminal Procedure Act is applicable.

arrow