(영문) 창원지방법원 2015.08.26 2015노1263 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2015.08.26 2015노1263

특수절도

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) shall be excessively unreasonable.

2. Each of the instant crimes committed by the Defendant, in collusion with his accomplices, theft of six vehicles worth KRW 110 million in total. In view of the fact that the Defendant committed a crime in a systematic and planned manner by sharing a secret role among the accomplicess, or that the amount of damage was considerable, the commission of the crime is not good and the liability for the crime is also heavy; the Defendant’s role in disposing of stolen vehicles abroad is not less than the degree of participation; the Defendant did not reach an agreement with four victims up to the trial; D, who is the accomplice of the instant case, was sentenced to five years of imprisonment; and C, who was sentenced to three years of imprisonment, became final and conclusive, are disadvantageous to the Defendant.

However, when considering various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence, etc., the punishment of the court below is somewhat unreasonable, considering the following factors: (a) the defendant's confession and reflectiveness of each of the crimes of this case; (b) the defendant's gains acquired by each of the crimes of this case are not many in light of the size of damage; (c) the victim U and T wanting to escape from the trial; (d) the defendant was present voluntarily at the investigative agency for the investigation of this case after the defendant escaped from the country; (e) the defendant did not have the same power to the defendant; (e) the extent of the recommended sentence according to the sentencing guidelines of the Sentencing Commission of the Supreme Court; (e) the defendant's age, character and behavior; (e) the defendant's motive and consequence of the crime of this case; and (e) the circumstances after the crime.

Therefore, the defendant's assertion of unfair sentencing is without merit and prosecutor's assertion of unfair sentencing.

3. Thus, the defendant's appeal is justified.

참조조문

-형사소송법

유사 판례

-대전고등법원 2013.05.15 2013노100

-서울서부지방법원 2019.10.10 2019노978

-청주지방법원 2013.07.05 2013노75

-수원지방법원 2019.01.10 2018노6560

-울산지방법원 2020.04.24 2020노5