logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.07.24 2015재노11
상습절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the court below is too unreasonable.

2. In the judgment of the ex officio, the prosecutor applied for amendments to an amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes, which changes the name of the crime from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes to "Habitual Larceny", and the applicable provisions of the Act from "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" to "Articles 332 and 329 of the Criminal Act", and since the same is changed to the subject of

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following decision is made through oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 332 of the Criminal Act and Articles 332 and 329 of the Criminal Act, the choice of imprisonment with prison labor;

1. The sentencing reason under Article 35 of the Criminal Act among repeated offenders is high, the amount of damage is not significant, the defendant has been suspended from execution and has been sentenced to a fine due to the same kind of crime, and each crime has been committed during the period of repeated crime resulting from robbery and bodily injury, most of damage is not recovered, and the defendant is led to confession, and all of the sentencing conditions of this case, including the defendant's age, character and conduct, the circumstances and results of the crime of this case, and the circumstances of the crime, shall be determined as ordered by taking into account all of the sentencing conditions of

arrow