(영문) 서울동부지방법원 2017.04.14 2017노234

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(영문) 서울동부지방법원 2017.04.14 2017노234

야간건조물침입절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions of the Defendant (unfair sentencing) in this case, the sentence of 8 months imposed by the lower court against the Defendant is too unreasonable.

B. In light of the prosecutor’s (unfair sentencing) criminal history, the Defendant’s tendency to see the public authority, etc., the lower court’s sentence is too unfeasible and unreasonable.

2. The instant case is a combination of larceny cases where the Defendant: (a) invadedd on the main points managed by the Victim C at night by the victim C; and (b) inflicted bodily injury on the part of the victim H and Si expenses by pushing the victim over the floor; and (c) the victim H and Si expenses.

The lower court sentenced the Defendant to be sentenced to imprisonment for eight months, taking into account (1) the following: (a) the circumstances favorable to the Defendant; (b) the extent of injury is not severe; (c) the victim does not want to be punished; (d) the victim led to the confession of all the facts of the crime; (b) the period of repeated crime due to violent and larceny; (c) the Defendant committed each of the instant crimes without being aware of, even though he was a repeated crime due to violent crimes; (d) the Defendant committed the instant crimes without being aware of, or did not reimburse, the victim C; and (e) the Defendant did not appear in court on the trial date even after being summoned lawfully by the lower court.

In full view of the above favorable circumstances recognized by the court below, considering the following factors: (a) the Defendant was able to take care of and reflect the Defendant’s mistake in depth through a prison life for a four-month period; and (b) the Defendant made efforts to compensate for damages by depositing KRW 1 million for the thief victim C in the court room; and (c) the sentence imposed by the court below against the Defendant is too weak as the prosecutor’s assertion does not seem to be somewhat unreasonable; and (d) rather, it is unreasonable as the Defendant’s assertion.

Therefore, the defendant-appellant.

유사 판례

-의정부지방법원 2015.09.11 2015노1875

-대구지방법원 2017.04.13 2016노4592

-서울고등법원 2020.04.10 2020노251

-서울동부지방법원 2017.03.31 2017노152

-서울중앙지방법원 2014.09.25 2014노2801