logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.05.30 2013노1093
특수절도미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. The crime of this case was committed by the Defendant with a view to thefting drinking water, etc. by intrusioning Schlages on twice the door door locks or by destroying the door door glass, and the nature of the crime in light of the Criminal Procedure Act cannot be deemed to be light. However, considering the fact that the Defendant was committed at the time of and against the instant crime, the Defendant did not have any criminal record due to the same crime, the Defendant’s age, character and conduct, family environment, and the circumstances leading to the instant crime, and other various sentencing conditions as shown in the records and arguments, such as the circumstances before and after the instant crime, the sentence imposed by the lower court is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column 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 legal provisions concerning facts constituting an offense, Article 319(1) of the Criminal Act (influence by room), Article 329 of the Criminal Act (influence by room), Articles 342 and 331(1) of the Criminal Act (influence of special larceny), and the choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the crime in this case is committed and against the victims);

1. Social service order under Article 62-2 of the Criminal Act;

arrow