logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.04.25 2014노216
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and one year and six months) of the lower court is unreasonable.

2. It is recognized that there exists a mental disorder such as the defendant's records of treatment with mental fission, the confession of all of the crimes in this case, each of the crimes in this case is a livelihood crime, part of the damage was recovered, and some of the victims do not want punishment against the defendant.

However, in light of the Defendant’s character and conduct of the instant crime, the Defendant’s punishment is too unreasonable, without being aware of the fact that the Defendant was released from prison without being aware of the period of repeated crime due to the same crime, and the Defendant committed each of the instant crimes again for about 4 months, and the Defendant’s character and conduct, the motive, means and method of the instant crime, and the circumstances after the instant crime, etc.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

[However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the phrase "the application of the Act and subordinate statutes" of Section 5 of the judgment below is changed to the phrase "1. Aggravation of repeated crime: Article 35 and Article 42 of the Criminal Act" to the phrase "1. Aggravation of repeated crime: Article 35 of the Criminal Act: Provided, That Article 35 of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of the

arrow