(영문) 인천지방법원 2018.02.08 2017노4288 | 리걸엔진

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(영문) 인천지방법원 2018.02.08 2017노4288

특수절도

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized the crime of this case and is against the law, half of the amount of damage, and the injured party did not want the punishment of the defendant by the agreement with the injured party. The defendant's age has yet to be maintained.

However, the crime of this case was committed by the defendant together with B and resided in the facility.

The Defendant committed the instant crime in light of the nature and circumstance of the crime, etc., and the Defendant committed the instant special larceny, which was committed again during the suspension period of execution due to the same kind of crime, is a serious crime that cannot be sentenced to a fine provided for only one year to ten years or less, and the sentence of a sentence is inevitable for the Defendant to be sentenced due to a cause for the suspension of execution. Considering the Defendant’s favorable circumstances, the lower court sentenced the lower sentence out of the scope of the statutory applicable sentence, which was the most severe among the statutory applicable sentence after reducing the amount of punishment, considering the Defendant’s age, sexual behavior, motive, means and consequence of the instant crime, and circumstances, etc., the Defendant’s punishment cannot be deemed unfair by taking into account the following circumstances: (a) the Defendant’s age, motive and consequence of the instant crime; and (b) the Defendant’s special larceny of this case, which is a condition for sentencing, such as imprisonment with prison labor for not less than one year but not more than ten years; and (c) the lower court, taking into account the following factors.

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

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.

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