(영문) 수원지방법원 2015.11.27 2015노5560 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2015.11.27 2015노5560

특정범죄가중처벌등에관한법률위반(절도)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant that: (a) the Defendant had been sentenced to imprisonment with labor for the same kind of crime; (b) ten months in 2011; and (c) six months in 2012; (c) the Defendant went to each of the instant crimes during the repeated crime period; (d) was highly likely to be subject to criticism; and (e) the injury of the Victim Osan Mart

However, in full view of the following circumstances: (a) the Defendant led to the confession of each of the crimes in this case; (b) the Defendant appears to have come to commit each of the crimes in this case due to economic circumstances as the most supporting the family; (c) the victim D’s cell phone was returned to the victim; (d) the victim’s cell phone was restored to the victim; and (e) the second crime was committed against the victim Oral Mart, 199; (c) the damage amount of the first crime was less than KRW 100,000,000; (d) the first crime was deemed to have been faithfully committed before the Defendant was arrested; and (e) other circumstances, such as the Defendant’s character and behavior, age, family relationship, motive and background, means and consequence of the crime; and (e) the circumstances after

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

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by the court and the summary of the evidence are as follows, except for adding "1. The defendant's oral statement at the court below" to the summary of the evidence of the court below, and therefore, it is identical to each corresponding column of the court below's judgment.

Application of Statutes

1. Article 332 and Article 329 of the Criminal Act (Selection of Imprisonment) comprehensively includes relevant Articles of the Criminal Act and the choice of punishment.

참조조문

유사 판례

-서울고등법원 2017.05.31 2017노753

-수원지방법원 2015.07.17 2015노2527

-서울중앙지방법원 2017.05.11 2017노999

-울산지방법원 2017.12.08 2017노1153

-대구지방법원 2013.10.10 2013노2361