(영문) 인천지방법원 2017.12.15 2017노3911 | 리걸엔진

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자간(%)

(영문) 인천지방법원 2017.12.15 2017노3911

절도등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. In light of the following circumstances: (a) the Defendant has four times the history of punishment for the same crime; (b) the number of times the Defendant committed the crime; and (c) the total amount of damage therefrom is considerable to KRW 14.8 million; (d) the illegality of the crime is not weak; (e) the Defendant continued to commit the larceny even after being investigated by being aware of the crime of paragraph (1) of the judgment of the lower court; and (e) the Defendant did not agree with the victims; and (e) the victim did not reach an agreement with the victims and did not have any considerable portion of the recovery of the damage, it is inevitable to sentence the Defendant as a penalty.

However, in full view of the favorable circumstances such as the restoration of some of the stolen articles by the defendant to the victims and the partial recovery of the property damage, the defendant's misjudgmention that is late later, the defendant did not have any record of punishment exceeding the fine, and the defendant's first detention due to the instant case, and other favorable factors such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and all of the sentencing conditions specified in the records and arguments, the court below's sentence of one year is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit. It is so decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act (the point of view) and Article 342 of the Criminal Act concerning criminal facts and the choice of punishment.

참조조문

-형법 제329조

-형법 제342조

유사 판례

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