(영문) 광주지방법원 2021.02.09 2020노3153 | 리걸엔진

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Reasons

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(영문) 광주지방법원 2021.02.09 2020노3153

절도등

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The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles and improper sentencing)

A. misunderstanding of facts and legal principles 1) As to each of the crimes of 2020 order 2431 as stated in the judgment below, and each of the crimes of 2020 order 5019 as stated in the judgment of the court below, the fact that the defendant acted as described in the facts charged is acknowledged, but even if so, the crime of larceny and property damage is not established.

2) As to each of the crimes in the 2020 order order 2690 order of the lower judgment and the crimes of assault in the 2020 order order 5019 order of the lower judgment, the Defendant did not have any physical contact with the victim.

B. The grounds for appeal are examined as follows: (a) there is an unfair statement in the grounds for appeal filed on December 24, 2020 that the defendant committed an unfair sentencing; and (b) thus, (c) there is

The sentence of the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, in addition to the statement records of victims prepared by the police in relation to each of the crimes of this case as to mistake of facts and misapprehension of legal principles, the defendant committed theft and damage to the victim D goods on several occasions as stated in each of the charges of this case, and damaged the victim L, victim W property, and each assault committed against the victim G, victim J, victim J, victim P, victimO, and victim V, and the crime of larceny, damage to property, and assault is established against the defendant.

In the same purport, the lower judgment that found the Defendant guilty of the facts charged of this case is justifiable. In so doing, contrary to the Defendant’s assertion, the lower court did not err by

B. Determination of unfair argument of sentencing is an element of sentencing favorable to the Defendant, such as the fact that the amount of damage caused by each of the larceny and damage to property of this case is not significant, and the fact that it appears that the Defendant did not have any force in the crime of assault of this case.

On the other hand, the defendant has several times of theft, assault, injury.

유사 판례

-대전지방법원 2018.01.24 2017노2287

-부산지방법원 2021.02.03 2020노4259

-서울고등법원 (춘천) 2016.03.23 2015재노8

-서울고등법원 2017.04.27 2017노216

-창원지방법원 2016.03.31 2016노253