(영문) 의정부지방법원 2014.10.01 2013노2297

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(영문) 의정부지방법원 2014.10.01 2013노2297

절도

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The judgment of the court below is reversed.

A defendant shall be punished by a fine of 400,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unreasonable to impose a fine of 500,000 won.

2. There are extenuating circumstances against the defendant, such as the following: (a) the judgment was examined; (b) the defendant has been punished twice or more; and (c) the victim wants to be punished;

On the other hand, there are circumstances favorable to the defendant, such as the confession of the defendant to commit the crime of this case, the statement that he is divided, the remainder of the damage except for cash 85,00 won has not been actually returned and substantial damage has not been caused. The defendant deposited 85,00 won for the victim in the trial of the party, and it appears that the health or economic conditions of the defendant are not good.

In full view of the above circumstances and the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive and background, means and consequence of the instant crime, circumstances after the crime was committed, criminal record and family relation, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated 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. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

참조조문

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