logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2014.04.10 2014노41
건조물침입등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. In full view of the following factors: (a) the Defendant committed each of the instant crimes in the state of bipolar disorder; (b) the Defendant was sentenced to one year of imprisonment with prison labor for an existing crime on October 25, 2013; (c) the Defendant appears to have become final and conclusive on October 25, 2013; and (d) the Defendant’s age, character and conduct, environment, motive and circumstances leading to each of the instant crimes; and (e) the sentencing conditions indicated in the instant pleadings, such as the motive and circumstance leading to each of the instant crimes, before and after the instant

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.

[C] The facts constituting an offense and the summary of the evidence admitted by the court are as follows: (a) the facts constituting an offense and the summary of the evidence are as follows; (b) the “756” in Part 6 of the judgment of the court below as “765”; (c) the “Y’s statement” in Part 7 as “Y’s police statement”; and (d) the “AO” in Part 9 as “AR”, except where the lower court’s statement from the bottom of the same page to the “Y” as “AR”. Therefore, it is identical to each corresponding column of the judgment of the court

Application of Statutes

1. Article 319(1) of the Criminal Act, Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 329 of the Criminal Act, Article 311 of the Criminal Act, Article 260 (1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 36 of the Punishment of Violence, etc. Act, Article 366 of the Criminal Act, Article 329 of the Criminal Act, Article 311 of the Criminal Act, Article 260 (1) of the Criminal Act, Article 314(1) of the Criminal Act,

1. Article 10 (2) and (1), and Article 55 (1) 6 of the Criminal Act for statutory mitigation;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

arrow