logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.04.10 2014노617
특수절도등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In full view of all the circumstances, including the fact that the defendant was sentenced to imprisonment without prison labor or heavier punishment for each of the crimes of this case, the defendant's age, family relations, environment, occupation, etc., the sentence of the court below is excessively unreasonable, and thus, the defendant's assertion is justified. The defendant's assertion is justified. The defendant's assertion is justified. The defendant's assertion is justified in light of all the circumstances, such as the defendant's age, family relations, and occupation, which are the conditions for sentencing as shown in the records of the defendant's age, family relations, occupation, etc., where the defendant was sentenced to imprisonment without prison labor or more punishment for each of the crimes of this case and for more than six months.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

(a) A theft of each judgment: Article 329 of the Criminal Act;

(b) The point of each special larceny in judgment: Article 331(2) and (1) of the Criminal Act;

(c) Specific (joint) larceny: Articles 342 and 331(2) and (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for reversal);

1. A favorable condition among the grounds for reversal under Article 62(1) of the Criminal Act.

arrow