logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (전주) 2019.02.12 2018노175
중감금치상등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (one year and six months of imprisonment) shall be too unlimited and unfair; and

2. The judgment of the defendant shows the appearance of reflecting the mistake while admitting all the crimes of this case.

Since the crime of serious confinement was caused by the theft of cellular phone equipment from a person living together with the victim F, there are some circumstances to consider the details of the crime.

In the court below, the defendant did not want to punish the above victim under the agreement with the victim F.

These points are favorable to the defendant.

On the other hand, in light of the object of crime, method and contents of crime, etc., such as punishing the victim F who lacks the ability to cope with the situation due to intellectual disorder, and exercising considerable violence while under confinement, etc., the crime is inferior, and the degree of injury suffered by the victim F is not easy.

The defendant was also aware that he could not understand in the investigation process of the crime causing bodily injury by confinement and did not reflect on the crime.

The defendant's residential intrusion and theft crime are not suitable in light of the amount of cash stolen.

Even until now, the Defendant did not recover from damage to the crime of larceny and intrusion upon residence.

In addition to the fact that the defendant was sentenced to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of larceny, the suspension of the execution of imprisonment with prison labor for special larceny, assault, etc., and the punishment for the same crime in the same case during the period of repeated crime is not familiar with the fact that the defendant has been sentenced to criminal punishment for more than one time, but has committed the same crime again during the period of repeated crime,

These points are disadvantageous to the defendant.

The age, character and conduct, the environment, the motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime, etc.

arrow