logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.01.21 2015노2074
상습절도
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. Although the judgment of the court below is based on the defendant's mistake, it seems that the victim D has a great amount of damage caused by the defendant's crime of this case. However, the defendant has been punished several times due to the same crime of this case as the crime of this case, has been sentenced to a fine, a suspended sentence of imprisonment and imprisonment with prison labor, and the defendant again committed the crime of this case without being aware of it during the period of repeated crime for which two months have not passed since the execution of imprisonment with prison labor was completed due to the same crime of this case. The defendant did not receive a letter from the victim due to the victim's compensation or agreement with the victim, etc., and other factors such as the motive and background leading up to the crime of this case, circumstance before and after the crime of this case, defendant's age, sexual behavior, environment, occupation, family relation, etc., the punishment of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is without merit, and the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. However, among the criminal facts of the court below's judgment's judgment, "one year of suspension of execution in one and half years of imprisonment" in Article 364 (3) of the Criminal Procedure Act is clearly erroneous term of office "two years of suspension of execution in one and half years of imprisonment". Thus, it is corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

arrow