logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 (청주) 2016.12.01 2016노113
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

One half (No. 25) of the seized round shall be confiscated.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. In light of the fact that the Defendant had been sentenced to a multiple sentence, as well as that of the Defendant, committed the instant crime again on one half of the month in which he was released, the lower court’s punishment is too unreasonable in view of the fact that the Defendant led to a confession of the crime and the Defendant’s mistake against himself, and that the remainder of the damage except tobacco 1 A was returned to the victim, etc.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's argument in the grounds for appeal is with merit, and the decision is to be made again as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence recognized by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with the main sentence of Article 420 of the Criminal Procedure

Application of Statutes

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes [Article 35 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which ends on April 28, 2016]

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to twenty-five years; and

2. As the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016) was amended on January 6, 2016, the elements of a crime under Article 5-4(6) of the same Act were changed, the sentencing criteria based on Article 5-4(6) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 201

Various circumstances that were examined in two years prior to the imprisonment, and the age, character and conduct, environment, health conditions, details of the crime, and after the crime.

arrow