logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2020.04.09 2020노157
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. In full view of all of the sentencing conditions and arguments of this case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the judgment of the court below, even if the Defendant had the record of criminal punishment several times due to the same crime, all of the crimes of this case constitute repeated crimes, especially since the day after the Defendant was released from prison as the same kind of crime, there is no change in circumstances or circumstances that may be newly considered in sentencing after the judgment of the court below was rendered, the sentencing of the court below cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion, even if considering the circumstances favorable to the Defendant, such as the Defendant’s degree of damage in this case is not significant, and the Defendant’s mistake is recognized and against it.

3. In accordance with Article 25(1) of the Regulations on Criminal Procedure, “Written Statements” is added ex officio by the lower court pursuant to Article 25(1) of the Correction of the Rules on Criminal Procedure and following the summary of the evidence of the lower judgment in “1. CA and D” (Attachment 2 of the lower judgment No. 8 pages).

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

arrow