logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.07.05 2018노1527
야간방실침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015; etc.). In the night room intrusion larceny, the damage of the crime of larceny in cash is limited to KRW 2.50,00,00, and the damage of the crime of property damage is minor, and the Defendant, at an investigation agency and the lower court, made a reimbursement and agreement with the victim D of each of the crimes of this case.

However, even though the Defendant was sentenced to four months of imprisonment for a crime of fraud on September 4, 2015 and completed the execution of the sentence on November 27, 2015, the instant crime constitutes a repeated crime, and there is no new change in circumstances that could change the sentence of the lower court in the first instance.

In addition, if the court below comprehensively takes into account the various sentencing conditions and the scope of the recommended punishment according to the sentencing guidelines as shown in the hearing of the court below and the party, the sentence imposed by the court below is not hot within the reasonable scope of the discretion.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow