logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.05.29 2013노2390
절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (two years of suspended sentence for four months of imprisonment) is too unreasonable.

2. The crime of this case was committed by the Defendant, after the completion of the relationship with the victim, with the victim, and the Defendant did not agree with the victim until the trial was held, is an unfavorable condition to the Defendant.

On the other hand, however, the defendant has recognized his mistake when he committed the crime of this case in the trial, and there is no other record of crime except punishment as a fine on around 2009. The crime of this case has taken into account the circumstances that the defendant has contributed to, or thought to be the share of, the defendant without going through the liquidation procedure after the completion of his business relationship. After the crime of this case, the victim has disposed of the remaining property of the same case without going through the liquidation procedure. In full view of the defendant's age, character and conduct, intelligence and environment, health condition and family relation, motive, means, method, and consequence of the crime of this case, the sentence imposed by the court below is somewhat unreasonable. Thus, the defendant's argument is justified.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[C] The facts constituting an offense and the summary of the evidence admitted by the court, and the summary of the evidence, are as follows: (a) in addition to the addition of “1.1. Defendant’s trial statement” and deletion of “1.1. Defendant’s partial statement,” the same is applicable to each corresponding column of the judgment of the court below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crime;

arrow