(영문) 서울남부지방법원 2017.01.20 2016노829

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(영문) 서울남부지방법원 2017.01.20 2016노829

절도

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence of the lower court (for four months of imprisonment and one year of suspended execution) to the summary of the grounds for appeal is unreasonable.

2. Determination ① The fact that the defendant partially recognized the crime of this case, the amount of damage caused by the crime of this case is not so large, and the defendant is detained for 47 days at the original trial and has an opportunity to reflect is favorable.

② However, from March 21, 2016 to March 18, 2016, the Defendant voluntarily was compelled to commit a crime again from March 21, 2016 to March 3, 2016, and voluntarily was compelled to commit a crime again again on May 26 of the same month (33 pages of evidence records) and was investigated by the police again on the 28th day of the same month (33th day of the record), and was arrested as the current offender again on the 6th day of the same month. The Defendant was arrested the victim’s warehouse for 8 days, and then stolen the victim’s goods more than five times, and the Defendant did not pay damages due to the instant crime at all, and the victim was punished (Evidence No. 145th day of the record of evidence), and the circumstances of the lower court’s sentencing are determined by taking into account the following as a whole: (a) the Defendant’s wish to commit a crime at all, and (b) the circumstances and conditions of the instant crime were determined as follows.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows through a new theory of change.

[Judgment of the court below] The summary of criminal facts and evidence against the defendant is identical to that of each corresponding column of the court below's judgment. Thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. Article 37 of the Aggravation of Concurrent Crimes Act.

참조조문

-형법 제37조

-형법 제329조

유사 판례

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-창원지방법원 2017.11.09 2017노2079

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