logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.08.25 2016노1115
특수절도등
Text

The prosecutor's appeal is dismissed.

Reasons

According to the evidence submitted by the prosecutor as to the summary of the grounds for appeal, since the defendant can recognize the fact that he was deceased or accompanied to C and the site as stated in the facts charged at the time of each of the crimes in this case, the court below acquitted the defendant of this part of the facts charged, even though he could sufficiently recognize the temporary cooperative relationship between the defendant and C in the conduct of each of the crimes in this case.

The punishment sentenced by the court below to the defendant which was unfair in sentencing (9 million won) is too unhued and unfair.

Judgment

The lower court found the Defendant not guilty of this part of the facts charged while clearly explaining the grounds for the determination on the facts.

Examining the evidence duly adopted and examined by the court below in light of the record, the evidence alone submitted by the prosecutor was proved to the extent that there is no reasonable doubt about this part of the facts charged.

As such, the lower court did not err by misapprehending the facts alleged in the prosecutor’s assertion that found the Defendant not guilty of this part of the facts charged.

Therefore, prosecutor's assertion is without merit.

It is recognized that the criminal defendant committed each of the crimes of this case during the period of repeated crimes, and that the criminal defendant has a record of being subject to juvenile protective disposition or suspension of indictment several times due to theft crimes.

However, there is no history of criminal punishment for the larceny crime, and the extent of damage caused by each of the crimes of this case is minor, and the degree of the defendant's participation in each of the crimes of this case is relatively minor.

In full view of the above circumstances and the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too uneasible.

arrow