(영문) 수원지방법원 2014.10.02 2014노4454 | 리걸엔진

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(영문) 수원지방법원 2014.10.02 2014노4454

특정범죄가중처벌등에관한법률위반(절도)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. In light of the fact that the Defendant committed the instant crime repeatedly over several occasions despite the fact that the Defendant had been sentenced to three fines and one-time suspension of indictment due to the same theft crime, there is a need for strict punishment against the Defendant.

However, in the court below, the defendant agreed with the victim F and N, and paid 60,000 won exceeding the amount of damage to the victim I, the remaining victim I agreed to pay the full amount of damage to the victim in the court below, there is no past record of punishment heavier than the suspension of execution, in addition to the fine, and the defendant has committed the crime in this case for more than 70 days, and the defendant has committed the crime in this case with a double wall due to physical cause, and the property benefits acquired by the defendant are not significant, and the defendant has committed the crime in this case and has committed the crime in this case, and the defendant has committed the crime in this case's age, character, conduct and environment against his own mistake and has prevented recidivism, it is too heavy.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the 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 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts, the selection of a limited term of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act:

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의4 제1항

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