(영문) 수원지방법원 2018.11.08 2018노4684 | 리걸엔진

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자간(%)

(영문) 수원지방법원 2018.11.08 2018노4684

특수절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of one year and short term of ten months.

Reasons

1. The sentence of the lower court (one and half years of imprisonment with prison labor, a short term of one year and six months, and a short term of one year) on the gist of the grounds of appeal is too unreasonable.

2. Prior to the judgment on the reasoning of the Defendant’s appeal ex officio, the prosecutor examined the amount of damage as follows: (a) from among the facts charged in the judgment of the court below, the damage amounted to “15 million won” to “8,025,500 won” from “15 million won” to “15 million won”; and (b) from “15 mobile phone,” the damage amounted to “10 vehicles carrying 10 billion won” to “10 vehicles carrying 15 million won” from “15 million won” from “15 million won” to “9,209,000 won” from “15 million won” to “9,200 won”; and (c) the judgment of the court below was modified by permitting this. Thus, the judgment below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged by the Defendant and the summary of the evidence are as follows: (a) the amount of damage from the special larceny of 42,018,00 won in total is 29,252,50 won in total; (b) the amount of damage from the Defendant’s crime No. 3 of the lower judgment is 29,252,50 won in total; and (c) the amount of damage is 8,025,50 won in “15 million won” from the “15 million won in carrying phone”; and (d) the amount of damage from the “100,000 won in carrying phone” to the “10,000 won in carrying phone,” from the “15,000 won in carrying phone No. 15 million won in addition to the “15,000 won in carrying phone”; and (e) the lower judgment changed the amount of damage from the “15,000 won in addition to the “15,000 won” to the “30,500 won in each criminal case.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

유사 판례

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