(영문) 대전지방법원 2020.11.11 2020노3026 | 리걸엔진

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(영문) 대전지방법원 2020.11.11 2020노3026

특정범죄가중처벌등에관한법률위반(절도)

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Of the instant facts charged, the lower court rendered a not-guilty verdict on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims B, C, D, and E, and convicted the remaining victims G on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and only the Defendant appealed on the part of the lower judgment on the grounds of unfair sentencing as follows. As such, the part of the lower judgment on the acquittal was separated and

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The main sentence of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable;

Defendant

In addition, the defense counsel explicitly withdrawn the claim of mental disability during the first trial.

3. In light of the fact that the Defendant, who had been sentenced several times of punishment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, such as the instant case, committed the larceny of this case without being able to take any weight even though he was in the period of repeated crime, and the nature of the crime in light of the law on the Aggravated Punishment, etc. of Specific Crimes, is not less than that of the crime, it is inevitable to sentence the Defendant

However, in light of the following factors: (a) the Defendant’s perception of the instant crime and reflects the mistake in depth; and (b) the amount of damage is relatively minor; and (c) the Defendant’s age, character and conduct, health, home environment, motive, means and consequence of the instant crime; and (d) all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the instant crime, etc., the lower court’s punishment is

3. In conclusion, the defendant's appeal is with merit, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again through pleading as follows.

【Judgment (as to the part of the charge)】 Summary of the facts constituting a crime and evidence

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형사소송법 제364조 제6항

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