logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.12.24 2015노4244
상습절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two months) of the lower court is deemed to be too unhued and unfair.

2. On November 7, 2013, the Defendant had been sentenced to imprisonment with prison labor for larceny, etc. at the Changwon District Court, which was sentenced to eight months on February 3, 2014, and then again committed each of the larceny during the period of repeated crime, and the Defendant is heavier than the Defendant’s liability for such crime.

While the Defendant escaped after the police officer’s attack, the Defendant was able to incur human and material damage by causing the instant traffic accident.

Until the trial of the case, damage recovery or victims did not reach an agreement.

In light of the above criminal records of the defendant and the contents of the crime of this case, the necessity for strict punishment of the defendant is recognized.

However, the defendant recognized the error of the crime of this case, is in depth against it, and it does not repeat it.

In full view of the frequency and period of the instant crime, the amount of damage, and all other sentencing conditions as shown in the records and arguments, including the Defendant’s age, character and conduct, environment, and family relationship, the lower court’s punishment cannot be deemed unreasonable as it is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

(However, the second part of the judgment of the court below is clear that the "up to seven times, such as the statement in the list of crimes," in the second part of the judgment below is a clerical error in the "up to eight times, such as the statement in the list of crimes," and thus, it shall be corrected in accordance with Article 25(1)

arrow