logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.11.14 2014노1181
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The crime of this case is a circumstance unfavorable to the defendant that the defendant stealss money from his mobile phone and uses two balls in the investigative agency's name and resident registration number in order to conceal his status during the interrogation of the suspect, and that the nature of the crime is not negligible in light of the circumstance, form of act, degree of damage, etc.

However, considering the following factors: (a) the Defendant, as a primary offender, led to the confession of all of the instant crimes; (b) it is difficult to view that the damage from the theft of this case was serious; (c) the cellular phone was returned to the victim E; and (d) the Defendant’s age, character and conduct and environment; (c) the motive, means and consequence of the instant crime; and (d) the conditions of sentencing as indicated in the instant pleadings, such as the circumstances after the crime, it appears that the sentence imposed on the

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 the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 239 (1) of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act, Article 37 subparagraph 10 of the Resident Registration Act (the violation of the Resident Registration Act, and the choice of imprisonment) concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for larceny against the victim J who is the largest punishment);

1. Article 62(1) of the Criminal Act:

arrow