logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2021.03.18 2020노2982
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The judgment below

The parts of the compensation order are all considered.

Reasons

1. The sentence imposed by the lower court (one year and four months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Although the Defendant was punished for the same kind of crime several times, he again committed several of the instant crimes during the period of repeated crime.

However, the defendant agreed with the victim B for the first time, and the victim B does not want to punish the defendant any longer, and the defendant wants to take the action against the defendant.

In addition, considering the following factors: (a) the Defendant’s age, sex, environment, motive, content, means and consequence of the commission of the crime; (b) the circumstances after the commission of the crime; and (c) all of the sentencing conditions indicated in the instant records and arguments, including the amount of damage (150 million won), compared to the lower court’s judgment, there is a change in the victim B’s punishment in terms of sentencing and the amount of her wife’s carbon, the sentence imposed by the lower court is too unreasonable.

The defendant's argument of sentencing is justified.

3. Where an appeal against an ex officio judgment of conviction against the part of the judgment below regarding the compensation order is filed, the confirmation of the compensation order shall be interrupted, and it shall be transferred to the appellate court (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings) along with the defendant case, and even where the judgment of the court below is maintained in the appellate court, the court below may revoke or revise the compensation order (Article 33(4) of the same Act). According to the records of this case, the fact that the defendant agreed to the applicant for compensation can be recognized,

Therefore, since this case constitutes a case where the applicant cannot issue a compensation order, the part of the judgment of the court below on the compensation order cannot be maintained any more.

4. The lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act, on the grounds that the Defendant’s appeal is well-grounded, and the part of the lower judgment on the compensation order among the lower judgment is reversed, and thus, it is revoked in accordance with Article 33(4) of the Act on Special Cases Concerning Promotion, etc

arrow