logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.04.22 2019노2459
특수절도등
Text

The judgment below

The part against the defendant shall be reversed.

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

2.2.2.22.22.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. The Defendant attempted to steal the money by threatening the said victim as he/she failed to wear a location tracking device on the victim E-vehicle, and by using his/her identification card, etc., but attempted to steal the cash located within the ridge, and thus, the Defendant attempted to threaten the said victim. The nature of the crime and the circumstances are not good.

The Defendant committed each of the crimes of this case even during the period of repeated crime due to robbery.

These points are disadvantageous to the defendant.

However, the defendant recognized the crime of this case and repented his mistake.

Some of the instant crimes were attempted.

In the case of special larceny, most damaged articles were returned to the victim F, and the victim F does not want to be punished against the defendant.

These points are favorable to the defendant.

In addition, in full view of the sentence on B, the defendant's age, character and conduct, environment, family relationship, motive and method of crime, the means and method of crime, and all the sentencing conditions shown in the records and arguments of this case, it is judged that the sentence imposed by the court below is too unreasonable.

The defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[Discied reasoning] The criminal facts and summary of evidence recognized by the court and the summary of the evidence are as stated in the corresponding column, except that the defendant's "2017" of the judgment below 6th 4 and 9th 2019 shall be applied to "2019". Thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

arrow