(영문) 수원지방법원 2019.02.15 2018노8006 | 리걸엔진

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(영문) 수원지방법원 2019.02.15 2018노8006

사기등

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal 1) Comprehensively taking account of the evidence submitted by the prosecutor by mistake of facts, the fact that the Defendant, around January 2018, took out the CPU, traffic cards, etc. owned by the victimO, and two traffic cards owned by the victim K on February 2018, and stolen them. Nevertheless, the lower court acquitted the Defendant of this part of the facts charged on the ground of misconception of the fact. (2) The lower court acquitted the Defendant of this part of the facts charged by mistake of the fact. (2) The lower court’s punishment (the first instance judgment: 1 month of imprisonment, 1 month of imprisonment, 7 months of imprisonment), and 3 of the lower judgment (the first instance judgment’s judgment: 7 months of imprisonment) is unreasonable.

2. Examining the judgment of the court below on the assertion of mistake of facts in light of the circumstances cited by the court below, i.e., ① whether or not the time when the defendant was accommodated in each telecom and the time when the theft occurred is not clear, ② whether or not the defendant, who was a guest, could have his fingerprints left regardless of theft, and the judgment of the court below is justifiable.

3. The lower court sentenced the Defendant to imprisonment with labor for one month and seven months for the crimes No. 1 and No. 3 as indicated in the lower judgment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

There is no such circumstance as the court's determination of sentencing is deemed to have exceeded the reasonable bounds of discretion, or the court's determination of sentencing is deemed to have exceeded the reasonable bounds of discretion, in full view of the fact that the court's determination of sentencing is deemed to have exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain the judgment of the court's determination of sentencing, in particular, the crimes No. 2 in the holding of the court below should take into account the equity in the case of a judgment at the same time as the judgment of a final judgment becomes final and conclusive, the crimes No. 1 and 3 in the holding

In addition, the circumstances and results of the crime of this case, the defendant's age, character and conduct after the crime is committed.

유사 판례

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-울산지방법원 2019.06.13 2018노1327

-서울중앙지방법원 2014.01.16 2013노4096