logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.01.12 2017노3540
특수절도등
Text

Defendant

I's appeal is dismissed.

All part of the judgment of the court below against Defendant A shall be reversed.

Defendant .

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants [the two-year imprisonment; the defendant A: imprisonment with prison labor for six months (the first instance judgment); and the imprisonment for ten months (the second instance judgment)] are too unreasonable.

2. Defendant A filed an appeal against the judgment of the court below against Defendant A, and this court decided to jointly examine the above appeal cases. Each of the above offenses against the above Defendant is in a concurrent relationship with each other under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this respect, the judgment of the court below against Defendant A was no longer upheld.

3. The grounds for appeal by Defendant I do not want to punish Defendant I; Defendant I still young and reflects his wrong determination; however, it is not recognized that the punishment imposed by Defendant I is too unreasonable, taking full account of all of the following factors: (a) the frequency of the theft and fraud of this case; (b) the frequency of the theft of this case; and (c) most of the damages have not been recovered; and (d) the Defendant has a number of identical crimes including the previous criminal records of the suspension of the execution of this case; and (b) the Defendant has a number of records of juvenile protective disposition; and (c) other factors of sentencing as indicated in the argument of this case, including the Defendant’s age, sex, sex, environment, health conditions, motive, means and consequence of the crime; (d) the circumstances after the crime was committed; and (e) equity in punishment with accomplices.

4. In conclusion, Defendant I’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition, and the judgment of the court below against Defendant A on the ground that there is a ground for reversal under the above authority. Thus, the Criminal Procedure Act without examining the above Defendant’s unfair judgment on the sentencing.

arrow