(영문) 대전지방법원 2020.05.14 2019노3868 | 리걸엔진

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(영문) 대전지방법원 2020.05.14 2019노3868

절도등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) of the lower court’s sentencing (e.g., imprisonment) is unreasonable.

2. The Defendant: (a) stolen the victims’ property and attempted to acquire property benefits on several occasions by using a physical card owned by the victims; (b) it is not good for eight victims to commit a crime; and (c) it is difficult to regard the victims as the amount of damage; (d) even though there was a history of the suspension of indictment for the larceny, the Defendant repeated the same crime; and (e) the Defendant was requested for detention warrant due to some larceny, and was dismissed, it is necessary to take into account the fact that the Defendant continued to commit a crime.

However, in light of the facts that the defendant led to the confession of the crime and reflects on the crime, the crime of fraud is committed against the attempted crime, the victim Q2, W, Z, AD and AG agreed with the victim Q, Z, and the fact that the defendant did not want the punishment against the defendant, while the defendant was subject to the suspension of indictment for the same kind of crime, the fact that there was no record of criminal punishment, the criminal punishment has been taken into account in favor of the defendant, and other comprehensive consideration of the defendant's age, career, character and behavior, environment, motive and background of the crime, circumstances after the crime, etc. as well as the sentencing factors and the similar cases as shown in the argument of this case is considered unfair.

3. In conclusion, 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 with merit.

[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence are the judgment of the court below.

참조조문

-형사소송법 제364조 제6항

유사 판례

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-광주고등법원 (전주) 2013.04.23 2013노40

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