logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.08.13 2015노2426
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of imprisonment and four months) of the lower court’s punishment against the Defendant is deemed unreasonable.

2. The judgment is that the Defendant has been punished five times (one of the suspension of the execution of imprisonment with labor or more than four times) by larceny, etc., and that each of the instant crimes was committed during the period of repeated crime due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and that the injury has not been recovered to the trial.

On the other hand, the defendant recognized each of the crimes of this case and against the mistake, each of the crimes of this case appears to be a living penalty, and the fact that the amount of damage is not significant is favorable to the defendant.

In addition, the age, character and conduct, the environment, the circumstances and results of each of the crimes in this case, etc., all of the sentencing conditions in this case and the result of the application of sentencing guidelines by the Supreme Court sentencing committee.

1. Standards for types of punishment and of punishment;

(a) Measures to mitigate types 1 (Special Aggravations: Larcenys) (Special Aggravations: Aggravations of life style: Aggravations of repeated crimes of the same kind that do not correspond to special circumstances (Scope of Recommendation) : One month to six months of imprisonment;

(b) Measures to mitigate types 1 (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment on General Property: Aggravated Punishment for thief (Aggravated Punishment): In the area of mitigation of punishment for same repeated crime not falling under special circumstances (aggravated Punishment): One month to six months; and

(c) Measures to mitigate types 1 (Special Aggravations: Larcenys) (Special Aggravations: Aggravatings for living style: A areas to mitigate repeated crimes of the same kind which do not correspond to special circumstances (Scope of recommending punishment): One month to six months; and

2. Handling multiple crimes [Basic Crimes] Theft / [Disposition] Imprisonment with prison labor from January to November, the scope of sentence of the basic crime from 1/2 to 3, the upper limit of sentence range of the two crimes.

arrow