(영문) 인천지방법원 2013.03.22 2013노131 | 리걸엔진

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(영문) 인천지방법원 2013.03.22 2013노131

특수절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (one year and six months of imprisonment) is too unreasonable.

2. In light of the following, the crime of violation of the Punishment of Violence, etc. Act (a collective weapon, etc.) was committed by the Defendant by getting the head of the victim J to be beerced with beer and causing injury, and the nature of the crime is not less than that of such crime; the Defendant committed larceny and fraud against a large number of victims; the amount of damage exceeds 20,00,000 won; the Defendant operated a motor vehicle with a stolen driver’s license plate attached to a stolen motor vehicle to conceal the thief; and the Defendant committed an attacking the head of the victim AP to use the thief for fraud.

On the other hand, however, the fact that the defendant recognized all of the crimes of this case and against his mistake, the defendant still seems to have shown that there is no age and there is no record of crime exceeding the fine, and that there is room for opening the crime in the court below. The defendant agreed with some victims including the victim J, and there is a change of circumstances that may be considered in the first instance court's further agreement with Q Q, BP, BO, BB, Z, etc., the victim of the crime of this case, and the defendant seems to have an opportunity to reflect as soon as he is detained for about six months due to the crime of this case, and other various sentencing conditions specified in the records and arguments, such as the defendant's age, happiness, family environment, after the crime, etc., are considered to be unfair because the court below's punishment against the defendant is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The criminal facts against the defendant recognized by this court and the summary of the evidence shall be as follows.

참조조문

-폭력행위 등 처벌에 관한 법률

-형사소송법 제364조 제6항

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