logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.04.01 2015노3709
절도등
Text

All judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that the defendant both led to confessions of and reflects on the facts constituting the crime, and each of the crimes of this case is unfair in light of the fact that contingent, impulses occurred in the course of trying to escape the pain, and the health status of the defendant, etc. of the first instance judgment (the first instance judgment in the case of party members 2015No. 3709: 10 months: Imprisonment, and party members 2015No. 4883: imprisonment: 8 months; 2016No. 104: fine 5,00,000) is too unreasonable.

2. Prior to the determination of the defendant's improper assertion of sentencing ex officio, this Court tried by combining each appeal case against the judgment of the first instance court. Each of the crimes in the judgment of the first instance in the merged case is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed within the scope of the term of punishment aggravated for concurrent crimes according to the precedent under Article 38 (1) of the Criminal Act. Thus, the judgment of the first instance court is no longer maintained in this point.

3. Thus, the judgment of the court of first instance is reversed in entirety the judgment of the court of first instance pursuant to Article 364 (2) and (6) of the Criminal Procedure Act without having to judge whether the defendant's unfair assertion of sentencing is unfair, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment of the court of first instance. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 329 of the Criminal Act (the point of larceny, each of the choice of imprisonment), Articles 342, 329 (the point of attempted larceny and the choice of imprisonment) of the Criminal Act, Article 239 (1) of the Criminal Act (the point of private signature) concerning the crime, and Articles 239 (2) and 239 (1) of the Criminal Act concerning the selection of punishment (the point of exercising the signature of the above investigation);

1. Article 35 of the Criminal Act for aggravated repeated crimes

arrow