(영문) 서울북부지방법원 2015.10.02 2015노1266

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(영문) 서울북부지방법원 2015.10.02 2015노1266

절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case is an unfavorable circumstance against the defendant, in light of the fact that the defendant committed the crime of this case by taking advantage of trust relationship with the victim while working for the mobile phone agency of the victim's operation, stolen the number of mobile phone numbers owned by the victim, kept the mobile phone sales proceeds, etc. received from the customer, embezzled and used several cases of a new contract for the mobile phone service in another person's name, and subsequently stolen and stolen the mobile phone exceeding 14 million won in total market price, and the crime is serious, and the means and methods of committing the crime of this case are planned intelligence and large, and the damage amount is considerably large, and the victim from the crime of this case is not agreed with the victims or has not been recovered from damage to the present day.

However, in light of the favorable circumstances, such as the Defendant’s confessions of all the instant crimes and is in a profound radius, the mother of the physically disabled and the father of the mentally disabled appears to have led to their living conditions while supporting the instant crime, and the Defendant is a primary offender who has no criminal power, and the Defendant is not in good health conditions, such as receiving treatment due to shock disorder around 201, and the Defendant’s age, character and behavior, environment, family relationship, the process and consequence of the instant crime, and the circumstances after the instant crime, the lower court’s sentence against the Defendant is somewhat unreasonable.

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 reasonable, and the following decision is rendered after pleading

[Judgment of the court in question] The summary of criminal facts and evidence is recognized by the court.

참조조문

-형사소송법 제364조 제6항

유사 판례

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-대전지방법원 2014.12.04 2014고단3423

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