logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.11.18 2016노3106
상습특수절도등
Text

The part on Defendant A and the second judgment of the court of first instance shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the first judgment on the defendant A (an unreasonable sentencing on the first judgment of the court of the court of the court of the court of the court of the court of the court of the court of the court of the court below) is too unreasonable.

B. Defendant B (1) misunderstanding of facts on May 5, 2016, the Defendant was aware of the crime only after hearing that he stolen the computer parts of the telecom from Co-Defendant A and then took part in the crime thereafter. However, there was no participation in the crime previously committed (No. 1 through No. 9).

(2) The sentence of the first instance judgment on the accused of unfair sentencing (two years of imprisonment) is too unreasonable.

C. The Prosecutor (unfair sentencing on the second judgment on the Defendant A)’s sentence of the second judgment on the Defendant A is too uneasible and unfair.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant A and the prosecutor, prior to the judgment on the judgment on the grounds for appeal by the defendant A and the prosecutor, the prosecutor filed each appeal against the second judgment, and the court decided to hold the above two appeals jointly. The first and second judgments against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the part against the defendant among the first judgment and the second judgment cannot be maintained any more.

B. (1) The following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court of first instance regarding the Defendant’s assertion of misunderstanding of facts, i.e., the Defendant admitted the confession of each of the facts charged of this case during the first instance trial of the court of first instance, and denied it against the crimes No. 1 through No. 9 in the list of crimes No. 1 through No. 9 at the time of the first instance trial, but no circumstance exists to suspect the credibility of the Defendant’s confession.

arrow