(영문) 제주지방법원 2020.10.29 2020노65 | 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) 제주지방법원 2020.10.29 2020노65

특정범죄가중처벌등에관한법률위반(절도)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Since the crime of this case and the crime of this case of this case by misapprehending the legal principles, which became final and conclusive on January 24, 2020 (the Jeju District Court 2019No828) are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment for the crime of this case shall be imposed in consideration of equity with which a judgment is rendered at the same time in accordance with Article 39(1) of the Criminal Act

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. As to the assertion of misapprehension of the legal principle, the defendant was sentenced to two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeju District Court on January 16, 2020, and the above judgment was finalized on January 24, 2020.

Since the crime of this case is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime for which the above judgment has become final and conclusive, in this case, the punishment for each crime of this case shall be sentenced in consideration of equity with the case where it is judged at the same time under the main sentence of Article 39 (1) of the Criminal Act, and in this respect

3. The Defendant’s assertion of the misapprehension of the legal principle is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing.

【The reasoning of the judgment in multiple times】 The summary of the criminal facts and the summary of the evidence in the judgment of the court below added "the defendant was sentenced to two years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on January 16, 2020, and the above judgment became final and conclusive on January 24, 2020" to the end of the criminal records column of the judgment of the court below, and to the 2nd page 13 of the judgment of the court below, "the defendant was significantly true in this court" in the 2nd page 13 of the judgment of the court below, and it is the same as the corresponding column of the judgment of the court below except for the revision of "the investigation report (verification of the records of repeated crime of the suspect)" in the 2nd page 13 of the judgment

참조조문

유사 판례

-제주지방법원 2020.12.24 2020노237

-제주지방법원 2020.03.26 2019노998

-제주지방법원 2020.08.27 2020노337

-제주지방법원 2020.10.15 2019노1129

-인천지방법원 2020.12.17 2020노1521