logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.12.01 2017노4456
절도미수
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We also examine each of the unfair sentencing arguments between the defendant and the prosecutor.

It is recognized that the defendant led to the confession of the crime and his mistake in depth, the crime is committed in the attempted crime, the victim did not want the punishment of the defendant from the investigation stage, and the defendant submitted a written agreement to the trial and submitted the agreement to the trial, and the suspended execution (one year of imprisonment) in the judgment of the court below is effective.

However, the Defendant repeatedly committed a crime under the same law during the period of suspension of execution, not taking into account the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime occurred, even though it was discovered that another person’s things were stolen and stolen, and that was punished twice a suspended execution, and even if the Defendant had the record of punishment once a suspended execution, the Defendant committed the crime under the same law repeatedly during the suspended execution period. In addition, considering all of the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, the circumstances after the crime occurred, the lower court’s sentence is deemed appropriate even if considering the circumstances agreed with the victim in the instant trial, and it does not

Therefore, each argument of the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

arrow