(영문) 부산지방법원 2016.07.22 2015노4568 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.07.22 2015노4568

절도등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On December 9, 2015, the Defendant filed an appeal against the lower judgment on December 9, 2015, and on May 5, 2016, the Defendant received a notice of receipt of the record of trial from this court by public notice. The Defendant did not submit a written reason for appeal until 20 days after the deadline for submitting the statement of reason for appeal.

In addition, there is no reason for appeal in the petition of appeal submitted by the defendant, and there is no reason for ex officio investigation on the records.

Therefore, the defendant's appeal is dismissed in accordance with Article 361-4 (1) of the Criminal Procedure Act.

2. Judgment on the prosecutor's appeal

A. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.

B. The Defendant’s repeated the instant crime even if he/she was punished by a fine by multiple times for larceny similar to the instant crime during the period of repeated crime, is disadvantageous to the Defendant.

However, it is necessary to respect the judgment of the court below because there is no change in the conditions of sentencing compared with the court below because new sentencing materials have not been submitted in the trial at the court of original instance. The defendant recognized a crime in the court of original instance and reflected in the judgment, the damaged goods were returned to the victims, and the victim E was paid one million won as compensation, the victim H was agreed with the victim, the defendant has yet to reach the age, and the circumstances and result of the crime in this case, including the circumstances after the crime, character and conduct, the defendant's character and conduct, the environment, and age, are considered as being the conditions of sentencing specified in the records and arguments in this case, and the sentencing of the court below cannot be deemed as being unfair.

(c)

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, as there is no reason to do so.

유사 판례

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