logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2013.12.27 2013노1201
특정범죄가중처벌등에관한법률위반(절도)등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

3.Provided, That it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment and one year of short term) is too unreasonable.

2. The judgment of the defendant committed the instant crime without being aware of the fact that he/she had been punished several times for the same crime, and committed the instant crime while under the suspension period of the execution of imprisonment, which was sentenced for the same crime. The instant crime was committed habitually by the defendant, who habitually stolen or attempted to steals the victims' property, and the stolen resident registration certificate was used unlawfully on several occasions, and the nature and circumstances of the relevant crime do not seem to be easy.

However, in full view of the fact that the defendant suffers from chronic kidney diseases as a juvenile under 18 years of age, the health condition of the defendant is very poor, that the victim wants the defendant's wife by mutual consent with the victims, that the defendant recognizes the crime of this case, and reflects his mistake in depth, and that the mother's mother is leading the defendant, and other various circumstances, including the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, etc., the punishment sentenced by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 342 of the Criminal Act concerning criminal facts, Article 37 Subparag. 8 of the Resident Registration Act (the illegal use of resident registration certificates and the choice of imprisonment).

arrow