(영문) 서울고등법원 (춘천) 2013.10.02 2013노140

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 (춘천) 2013.10.02 2013노140

상습장물취득

Text

The judgment of the court below is reversed.

Defendant

B Defendant C shall be punished by imprisonment for 10 months, by imprisonment for 8 months and by fine for 300,000 won.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (10 months of imprisonment, 8 months of imprisonment and 300,000 won of fine, and 8 months of imprisonment) is too unreasonable.

2. The Defendants need to strictly punish the Defendants considering the following: (a) the Defendants purchased a mobile phone lost by taxi passengers from the taxi engineers and transferred it to a stolen mobile phone dealer; and (b) the Defendants suffered considerable inconvenience and mental pain due to such crimes; (c) the victims were punished for the same kind of crime; and (d) Defendant C had the record of being punished for fines on two occasions due to driving without a license; and (c) the Defendants again carried out driving without a license even if they had the record of being punished for fines on two occasions.

However, in full view of the Defendants’ agreement with some victims, the victims want to take the Defendant’s wife, the profits acquired by the Defendants seems not to be significant, the Defendants’ contribution of considerable money to the UNNF Korea Committee, the Defendant A deposited considerable money in the trial court for the recovery of damage of certain victims, and the Defendants reflects the Defendants’ mistake by breaking their depth with respect to the instant crime, and all of the sentencing conditions as shown in the instant pleadings, such as the Defendants’ age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is unreasonable.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below.

참조조문

-형사소송법

-형사소송법 제364조 제6항

유사 판례

-서울고등법원 춘천재판부 2013.10.2.선고 2013노140 판결

-서울동부지방법원 2013.05.30 2013노332

-서울중앙지방법원 2013.09.05 2013고단3967

-춘천지방법원 2013.06.21 2013고합41

-수원지방법원 2015.10.22 2015노4224