(영문) 서울남부지방법원 2018.04.12 2018노347

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2018.04.12 2018노347

야간건조물침입절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing of Defendant) is too unreasonable in light of the following: (a) the Defendant recognized all of the instant crimes and is in violation of depth; (b) an agreement was reached by paying KRW 300,000 to the thief victim; and (c) the Defendant is living in a single state with his aged 86, and the support of the Defendant is urgently needed.

2. It is reasonable to view that there are favorable circumstances for the Defendant, such as the fact that an agreement has been reached by paying KRW 300,000 to the thief victim, and that the victim expressed his intention not to punish the Defendant, and that the Defendant shows a penure by recognizing all the crimes of this case.

However, the defendant committed the crime of destroying property without any specific reason during the suspension of execution due to the same crime, and furthermore, the criminal act of larceny at night with no statutory penalty outside the imprisonment, which is not heavier than the nature of the crime.

In addition, there are many disadvantageous circumstances, such as the fact that the Defendant committed the instant crime even though he/she was punished by a fine by taking account of the thief and the damage of property, and that the Defendant had a number of criminal records, including the criminal records, and that the Defendant did not reach an agreement with the victim of the crime of damage to property, as well as an agreement with the victim of the crime of damage to property.

In addition, there are no new special circumstances or changes in circumstances that can be reflected in the sentencing after the decision of the court below.

Considering the circumstances alleged by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even in light of the circumstances alleged by the Defendant, given that the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the commission of the crime, etc., as well as the aforementioned main circumstances, and the sentencing conditions indicated in the instant records and arguments.

3. Conclusion.

유사 판례

-서울남부지방법원 2018.05.31 2018노538

-서울남부지방법원 2018.03.22 2017노2507

-울산지방법원 2017.12.15 2017노1344

-서울중앙지방법원 2016.04.15 2015노4852

-울산지방법원 2016.06.02 2016노484