logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.01.26 2016노873
절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s defendant has been subject to punishment several times for the same crime, and there is no doubt that he/she committed the crime of this case during the same suspended execution period, and there is a high risk of repeating the crime.

In addition, the defendant's prior thief crime of larceny was subject to a crime or a fine during the probation period, and the prior action against the defendant is no longer appropriate.

In full view of these circumstances, the sentence imposed by the court below on the defendant is too unfortunate and unfair.

B. Defendant’s mistake is well known, but a fine of KRW 4 million is too large to Defendant.

The defendant cannot work because he/she has failed to properly use his/her right arms and legs due to aftermath of a traffic accident.

108 1.0 1.0 1.0

2. The Defendant did not know even though he had been subject to punishment several times for the same crime, and committed each of the crimes in this case during the suspension period of execution for the same crime.

Although the amount of stolen goods by the defendant is small amount, the defendant does not make any effort to compensate for such damage.

In addition, considering the defendant's age, family relation, sex, career, environment, details and result of the crime, circumstances after the crime, criminal experience, and all the sentencing circumstances shown in the records and arguments of this case, the sentence imposed by the court below is deemed unfair and unfair. Thus, the prosecutor's improper assertion of sentencing is justified and the defendant's argument of sentencing is without merit.

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 after pleading (the defendant's appeal is without merit, but the judgment of the court below is reversed by the prosecutor's appeal, and it is not dismissed separately). The summary of the facts constituting the crime and the evidence admitted by the court is summary.

arrow