(영문) 의정부지방법원 2015.01.29 2014노2510

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) 의정부지방법원 2015.01.29 2014노2510

절도등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for seven months.

The judgment below

Part of acquittal.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts (not guilty part) could sufficiently recognize the Defendant’s criminal intent of larceny, but the lower court’s finding the Defendant not guilty of the larceny of the victim C among the facts charged in the instant case is erroneous by misapprehending the fact and adversely affecting the conclusion of the judgment. 2) The sentence sentenced by the lower court of unreasonable sentencing is too uneasible and unfair

2. Determination

A. On July 8, 2014, at around 03:00, the summary of this part of the facts charged is difficult to conclude that the Defendant returned a smartphone, which the Defendant borrowed from the victim, to the victim, and again took it out with the intent of theft, at the market price equivalent to KRW 100,000,00, which is the victim’s market price, the victim who was being charged with the charge by linking the charging device to the electrical contact center, was the victim. 2) The lower court determined that: (a) it is difficult to conclude that the Defendant’s act was returned to the victim; (b) it is difficult to conclude that the Defendant again took it out with the victim’s intention to commit the theft; and (c) it is insufficient to recognize that the Defendant brought the above smartphone with the victim’s intent to commit the crime; and (d) there is no other evidence to acknowledge this otherwise; and (d) there is no evidence to prove this portion of the facts charged.

In light of the records, a thorough examination of the evidence of this case by the court below, we affirm the disposition that the court below acquitted this part of the facts charged on the basis of the above determination of evidence, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as pointed out by the prosecutor in the judgment of the court below. Thus, the prosecutor's allegation in this part is

B. Unreasonable sentencing of the Defendant and prosecutor.

유사 판례

-서울중앙지방법원 2019.12.13 2019노1485

-전주지방법원 군산지원 2014.10.01 2013고단1097

-대전고등법원 2014.02.05 2013노454

-대전고등법원 2019.07.05 2019노32

-대구지방법원 2017.11.03 2016노4305