logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.06.30 2017노224
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

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

2. In light of the following circumstances: (a) the number of times of the instant crime is high; (b) the amount of damage is small; (c) most of the damage is not recovered; (d) the Defendant has a high number of records of punishment for the same kind of crime; and (e) the Defendant committed each of the instant crimes again in two months only after the execution of punishment for the same kind of crime was completed; and (e) the Defendant committed each of the instant crimes.

However, there are favorable circumstances, such as the fact that the Defendant made a confession of all the crimes of this case and divided his mistake, that part of the damaged part was restored to the victim, that 50,000 won was deposited for the victim Q, that the Defendant deposited 1,00,000 won for the victim Q, that the Defendant suffered from mental illness such as depression, and that the health condition was not improved due to infection.

In addition, if all of the sentencing conditions shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, are taken into account, the punishment sentenced by the court below 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 on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in 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 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act (the thief of each repeated crime), Article 319 (1) of the Criminal Act (the point of intrusion upon each house), Article 347 (1) of the Criminal Act (the point of each fraud), Article 70 (1) 3 of the Act on the Financial Business Specializing in Credit, Article 329 of the Criminal Act (the point of each stolen credit card), Article 329 of the Criminal Act;

1. Cumulative offense.

arrow