logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.10.31 2014노1167
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The major point of the grounds for appeal is that the sentence of the court below is too heavy;

2. The judgment of the defendant is favorable to the defendant, such as the fact that the defendant made a confession of the crime, seriously reflects the defendant, the fact that the market value of the damaged goods was seized, and that the damage was not significant except the above Nompt.

However, there are extenuating circumstances against the defendant, such as the fact that the defendant agreed with the victims or did not compensate for damages, and two months have not passed since probation and suspended execution was sentenced for the same kind of crime, and thus constitutes disqualified persons for suspended execution. There are no changes in circumstances that may be particularly considered in the trial. The sentence of the court below falls under the lower limit of the recommended sentence ( August to February) according to the sentencing guidelines, and all the sentencing factors indicated in the argument of the case, including the amount of damage to the crime of this case and the method of the crime, the sentence of the court below against the defendant is appropriate.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

arrow