logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.09.10 2015노659
절도
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of three million won) is too heavy.

B. The Prosecutor’s sentence is too minor.

2. The judgment that the defendant recognized the crime of this case and reflects the fact that the defendant committed the crime of this case, which appears to have reached the crime of this case by contingent, totaling KRW 7,200, which is a small amount of damage, and both returned to the victim at the scene of the crime and the victim did not want the punishment of the defendant

However, there are several criminal convictions for the defendant, and in particular, the fact that the defendant was sentenced to imprisonment for the same kind of crime and committed the attempted larceny only three months after the execution of the sentence, and was sentenced to imprisonment at the court of first instance and sentenced to a fine at the appellate court, which was sentenced to a fine at the appellate court, again commits the crime in this case within the period of repeated crime, is an element of sentencing unfavorable to the defendant.

In addition, considering all the factors of sentencing prescribed by Article 51 of the Criminal Act, such as the defendant's age, character, conduct and criminal record, it cannot be deemed that the sentence of the court below is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow