logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.11.27 2015노1370
점유이탈물횡령등
Text

All the judgment below is reversed.

Defendant

A A Fine of 600,00 won, Defendant B of a fine of 400,000 won, and Defendant C of this case.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence (a fine of KRW 2 million is imposed on the Defendants, a fine of KRW 1.5 million is imposed on Defendant B, and a fine of KRW 1 million is imposed on Defendant C) imposed on the Defendants is excessively unreasonable.

2. In light of the content and method of the crime, legal interest and protection of law, etc., each of the crimes of this case committed by the Defendants, the crime of this case, which was committed by the Defendants, has not been less than the nature of the crime, and Defendant A had the record of having been sentenced to the suspension of indictment due to larceny around 2012, and Defendant B and C committed the crime of this case without being aware of the fact that Defendant B and C had the record of being sentenced to the suspension of indictment due to the crime of this kind, etc

However, in light of the following: (a) the Defendants made a statement that the Defendants led to confession of the facts constituting the instant crime and reflect in depth their mistake; (b) the resident registration certificates acquired by Defendant A were seized and no special damage has occurred; (c) the Defendants’ unlawful exercise of their resident registration certificates was limited to one time; (d) the Defendants did not have any special penal power; and (e) the Defendants’ age was relatively 18-19 years old; (b) balance with the general sentencing in the same or similar cases; and (c) the Defendants’ age, character, character, intelligence and environment as indicated in the argument in the instant case; and (d) the motive and background, means and consequence of the instant crime, including the number of times of the crimes, relationship with the victims, the relationship with the victim, the possibility of recidivism, the possibility of recidivism, criminal record, family relationship, health condition, etc., it is unreasonable to maintain the sentence as they are, and thus, the Defendants’ assertion is reasonable.

3. Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of this and the facts charged by the court and the summary of the evidence are as follows.

arrow