(영문) 춘천지방법원 2014.09.17 2014노488 | 리걸엔진

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(영문) 춘천지방법원 2014.09.17 2014노488

특정범죄가중처벌등에관한법률위반(절도)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. The crime of this case was committed under the unfavorable circumstances, such as that the nature of the crime is not weak in light of the law of crime and the degree of damage, and that the defendant did not make a serious effort to pay damages to the victim and did not reach agreement with the victims up to the trial. However, the court below's punishment is too unreasonable in light of the following factors: (a) the defendant led to the crime partially denied; (b) the defendant led to his confession during the trial; and (c) the defendant made his mistake late and late in depth; (d) the victim R, J, L, and M does not want the punishment; (c) the defendant did not want to be punished; (d) the defendant was the first offender with no record of criminal punishment; (d) the defendant has yet to reach the age of the defendant; and (e) other various sentencing conditions indicated in the records such as the defendant's character, behavior, and environment.

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 substance of the facts charged and the summary of the evidence admitted by this court are as follows: (a) except for the addition of “1.1. Defendant’s trial testimony”, “1. witness F, J, L, and M’s respective legal statements” to the summary of the evidence in the original judgment, the same as the corresponding column of the original judgment; and (b) thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and the choice of limited imprisonment for a crime;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the above);

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의4 제1항

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