logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.02.12 2020노47
특수절도등
Text

The judgment below

The part against the Defendants is reversed.

Defendants shall be punished by imprisonment for ten months.

except that this shall not apply.

Reasons

1. The grounds for appeal (unfair sentencing: 10 months, confiscation, and 10 months, respectively) by the lower court are too unreasonable.

2. In light of the contents and methods of each of the instant crimes, there are circumstances unfavorable to the Defendant that the Defendants’ nature of the crime is bad and that the liability for the crime is heavy (in particular, in the case of Defendant A, a relatively leading role in the larceny), and that some victims were unable to recover or agree on damage.

However, the Defendants recognized the mistake and reflect, and agreed with some victims in the lower court. In the appellate court, the full or partial payment of the amount of damage was made to the victim J and AA, and the full agreement should be taken into account when the judgment was rendered simultaneously with the special injury crime, which became final and conclusive in the case of Defendant A, and Defendant B is an initial offender who has no criminal power, are favorable to the Defendants.

In addition, in full view of the Defendants’ age, character and conduct, environment, motive, means and consequence of the commission of the crime, and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the part of the judgment of the court below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal against the Defendants is again decided as follows.

[Grounds for the judgment which is used again against the defendant] The summary of facts constituting an offense and evidence recognized by the court is identical to the part against the defendants in the judgment of the court below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act, each of the choice of criminal facts, Articles 342, 331(2) and (1), and 30 of the Criminal Act, and Article 331 of the Criminal Act.

arrow