(영문) 서울북부지방법원 2018.09.13 2018노764

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(영문) 서울북부지방법원 2018.09.13 2018노764

특정범죄가중처벌등에관한법률위반(절도)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. The sentence of the lower court (two years of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

At the third trial date, the Defendant explicitly withdrawn the assertion of mistake of facts on the trial date.

2. The defendant has been punished several times for the same kind of crime, and the fact that the crime of this case occurred during the period of repeated crime, and the degree of damage is small.

It can not be said that there is a situation that is disadvantageous to the defendant, such as being arrested as a current criminal, and taking a bath to the police during the police investigation process, etc.

However, in full view of all the sentencing conditions shown in the arguments of this case, including the fact that the defendant was found to have suffered from the trial, that all of the merchandise coupons were returned to the victim, that the victim expressed his/her intention to request the defendant's prior action during the trial of the court below (see Article 71 of the trial record), that the defendant seems to have mental illness, and that the defendant's environment, the means and result of the crime, etc., the punishment sentenced by the court below is deemed to be unfair.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal of this case is with merit, and the following decision is rendered again after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by this court is identical to the corresponding column of the judgment below, except where “1. Defendant’s statement in this court” is added to the summary of evidence, and thus, it is also acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes, Article 53 and Article 55(1)3 of the Criminal Act on the Aggravated Punishment, etc. of Small Quantity Mitigation (the grounds for sentencing in favor of the above) as to the crime

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의4 제5항 제1호

-형법 제53조

-형법 제55조 제1항 제3호

-형법 제329조

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