logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.10.19 2016노3088
상습절도
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the defendant made a confession of all crimes and repents his mistake.

However, in light of the fact that the Defendant had been sentenced seven times to a punishment for the same crime, even though he had the record of being sentenced to punishment for the same crime, and repeatedly committed the crime in this case without being aware of the period of repeated crime, the nature of the crime is bad in light of the form, method and frequency, etc. of the crime in this case, the damage was not recovered at all, and the victims did not agree with the victims, there is no change of circumstances that may otherwise determine the age, character and behavior, environment, motive, means and consequence of the crime in this case, and all of the sentencing conditions specified in the arguments in this case, such as the defendant's age, character and behavior, the environment, motive, means and consequence of the crime in this case, etc.,

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, among the judgment of the court below, the applicable legal provision on the facts of the crime of 1.0 is a clerical error in the pertinent Article of the Act and the choice of punishment for the facts of the crime of 1.1. The application of the Act is a clerical error in the law, and it is apparent that “the choice of imprisonment has been omitted by mistake,” and thus, it is corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.

arrow