(영문) 광주지방법원 2013.10.30 2013노1981 | 리걸엔진

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) 광주지방법원 2013.10.30 2013노1981

절도

Text

All judgment of the court below shall be reversed.

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

Reasons

1. Summary of grounds for appeal;

A. The lower court that acquitted the Defendant on this part of the facts charged on the ground that there was no evidence supporting the Defendant’s confession and there was an error of law by misapprehending the legal principles on the rules of reinforcement of confession and by misunderstanding the facts, thereby adversely affecting the conclusion of the judgment.

B. Each sentence (the first instance judgment: imprisonment with prison labor for 6 months and 2 months: imprisonment with prison labor) imposed by the lower court on the Defendant is too uneasible and unfair.

2. Determination

A. Determination 1 ex officio prior to the prosecutor's judgment on the grounds for appeal, the case No. 2013No2025 of this Court, which is the appeal case against the judgment of the court of first instance against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance, which is the case of appeal against the judgment of the court of second instance. Since each crime of the judgment of the court of first and second instance is in a concurrent relationship under the former part of Article 37 of the Criminal Act and should be judged at the same time pursuant to Article 38 of the Criminal Act, the judgment of the court of first instance cannot be maintained. 2) Further, among the facts charged in the judgment of the court of first instance, Paragraph 2 of the judgment of the court of first instance, "The part equivalent to the sum of the market value of the 52,100,000 won, 60,000 won and 6660,000 won, which is the case of appeal against the judgment of the court of second instance, it cannot be modified to the market value."

3. However, the prosecutor's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, even though there is such reason of ex officio reversal.

B. Confession of mistake of facts and misapprehension of legal principles

참조조문

-형법 제38조

유사 판례

-대구고등법원 2013.09.11 2012노485

-대전지방법원 2014.08.21 2013노2962

-광주지방법원 2013.03.27 2012노2303

-부산지방법원 2014.05.16 2014노159

-부산지방법원 2013.11.22 2013노2710