(영문) 부산지방법원 2014.10.02 2014노2315 | 리걸엔진

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(영문) 부산지방법원 2014.10.02 2014노2315

특수절도미수

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Nos. 1 and 2 of seized evidence shall be taken by the defendant respectively.

Reasons

1. The summary of the reasons for appeal (one year of imprisonment, confiscation) by the lower court is too unreasonable.

2. In light of the fact that the Defendant had been punished for the same thief crime several times, the risk of repeating the crime of this case is likely to occur, and that the crime of this case is planned and the quality of the crime is not less than that of the crime, a sentence of sentence on the Defendant is inevitable.

However, in light of the following factors: (a) the Defendant appears to have been living relatively faithfully without any particular criminal history since 2007; (b) the instant crime was committed in an attempted crime; (c) the Defendant appears not to have intentionally avoided the judgment of the lower court; (d) the Defendant paid 400,000 won to the victim at the trial of the lower court and agreed with the victim; (c) the Defendant’s pro-Japanese J promised to assist the Defendant by providing employment to the Defendant when the Defendant released the Defendant from the trial of the lower court; and (d) other various circumstances, including the motive and background of the instant crime; (e) the Defendant’s age, character and conduct, and environment, which are the conditions for the sentencing specified in the instant case,

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331 (1) and Article 342 of the Criminal Act applicable to the crimes and Articles 331 (1) and 342 of the Criminal Act;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 48 (1) of the Criminal Act of confiscation;

참조조문

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