logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.08.29 2013노2178
야간건조물침입절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is deemed to be too unhued and unfair.

2. In light of the fact that the Defendant was punished several times for the same kind of crime, and without being aware that the Defendant committed the instant crime again without being aware of it, it is necessary to strictly punish the Defendant.

However, in light of the following circumstances, the Defendant’s overall intellectual ability of the Defendant is an elementary school grade 6 (class 3) from the time of birth to arche, and even after becoming an adult, and in particular, the Defendant’s overall intellectual ability is an elementary school grade 6 (class 3). The crime of this case appears to be the primary motive for the crime, under the circumstances of the Defendant, that the Defendant entered a church distribution in which the Defendant was living in and without his residence and income, stolen goods by means of stolen body cards, etc., and purchased both horses, Kimbed, and drinking water, etc., and other various circumstances, which are the conditions for the punishment specified in the records and arguments of this case, such as the motive and circumstance of the crime of this case, the circumstances after the crime, the Defendant’s age, character and behavior, and environment, are considered appropriate.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow