logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.01.19 2017노7587
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (three years of imprisonment) is too unreasonable.

2. The crime of this case, which committed the crime of this case on five occasions, was committed by the Defendant by intrusioning on the factory, dormitories, etc., and thus commits the crime of this case, and thus, the nature of the crime is not weak, and it is not appropriate to take measures to avoid tracking the investigation agency in advance, such as preparing armors and makes, etc. In order to avoid tracking the investigation agency, and the Defendant was not able to recover the victims’ damage. In addition, the Defendant has already been punished 11 times as a larceny crime, and the Defendant is highly likely to be subject to criticism in that he committed the crime of this case without being aware of it even during the period of repeated crime upon the completion of the execution of the final sentence.

However, in light of the following circumstances: (a) the Defendant recognized the instant crime and divided his mistake; (b) the Defendant did not use compulsory means in the course of intrusion; and (c) the Defendant’s stolen cash did not exceed KRW 880,000 in total; and (d) other circumstances that are conditions for sentencing indicated in the record, such as the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the crime; and (b) the sentence of the lower court is too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 319(1) of the Criminal Act regarding the crime at issue and Article 319(1) of the same Act regarding the selection of the applicable law and punishment (the intrusion into residence and building, the occupation of imprisonment and the choice of punishment), Article 5-4 subparag. 5 subparag. 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act (the intention is).

arrow