(영문) 대구지방법원 2019.10.25 2019노3116 | 리걸엔진

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(영문) 대구지방법원 2019.10.25 2019노3116

절도등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. As to the summary of the grounds for appeal (eight months of imprisonment), the prosecutor asserts that the sentence is too unhued and unreasonable, and the defendant asserts that the punishment is too unreasonable.

2. We also examine the judgment prosecutor and the defendant's arguments.

The fact that the defendant led to the confession of the crime of this case and reflects the mistake, and that the defendant agreed with the victims is favorable to the defendant.

However, each of the crimes of this case shall return to the village for the purchase of precious metals.

In light of the following circumstances: (a) intrusion upon an empty house, theft of precious metals, or attempted theft, and the nature of the crime is very weak; (b) the Defendant committed a crime under the same water law without being aware of the fact that he/she was sentenced to a suspended sentence of three years for a year and six months; (c) in light of the Defendant’s occupation and the same kind of power as above, he/she appears to have high risk of recidivism; and (d) other unfavorable circumstances, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; (c) the motive, means and consequence of the instant crime; (d) the circumstances after the commission of the crime; and (e) the criminal records and all of the sentencing conditions specified in the pleadings, such as the record

3. In conclusion, the prosecutor's appeal is with merit, and 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.

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, and all of them are accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. The Criminal Act among concurrent crimes.

참조조문

유사 판례

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