(영문) 창원지방법원 2016.08.11 2016노1010 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2016.08.11 2016노1010

절도등

Text

The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance shall be reversed.

Two years of imprisonment.

Reasons

1. The summary of the reasons for appeal is that each punishment (the first instance court: imprisonment with prison labor for one year, confiscation, return of the victim and the second instance court: imprisonment with prison labor for two years, confiscation) declared by the court below is too unreasonable.

2. Ex officio determination

A. Prior to the judgment on the grounds for appeal, this Court held ex officio the appeal case against the judgment of the court below Nos. 1 and 2 jointly and tried, and each of the offenses in the judgment of the court of first instance and the judgment of the court of second instance against the defendant in the judgment of the court of second instance are concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be punished as a single sentence within the scope of the term of punishment aggravated for concurrent offenses under Article 38(1) of the Criminal Act. In this regard, the part against the defendant in the judgment of the court of first instance and the judgment of the court of second instance cannot be exempted from all reversal.

B. According to Article 333(1) of the Criminal Procedure Act, stolen articles seized and the reason for return to the victim is apparent shall be returned to the victim by judgment.

According to the records, subparagraph 4, 5, 19, 21, 23, 27 through 30, 36 through 44, 46 through 66 of the second instance judgment of the victims, subparagraph 6 of the victim BI, subparagraph 8 of the victim BJ, subparagraph 9 of the victim BL, subparagraph 16, 20, 33 of the victim's evidence No. 17, 18 of the victims' evidence No. 2016 high group 36 of the victims' high group 366 of the victims' list No. 366 of the victims' list No. 5 of the victims' list No. 365 of the victims' evidence No. 5 of the victim's list No. 65 of the victim's list No. 36 of the victims' evidence No. 5 of the evidence No. 5 of the victim's list No. 65 of the victim's list No. 36 of the victim's evidence No. 65 of the victim's No. 36. 5 of the victim'

참조조문

-형법 제38조 제1항

유사 판례

-대전지방법원 2018.02.08 2017노3123

-대전지방법원 2019.08.16 2019노1068

-부산지방법원 2017.12.01 2017노3130

-청주지방법원 2015.09.10 2015노631

-부산지방법원 2017.09.01 2017노2269