logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.12.09 2016노6846
절도
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The goods of this case are all purchased at another place, and the goods of this case are not owned by the victim, nor owned by the victim.

B. The prosecutor’s sentence of the lower court (four months of imprisonment) is too unhued and unreasonable.

2. The Defendant made the same assertion as the above grounds for appeal even in the lower judgment regarding the Defendant’s assertion of mistake of facts.

The court below rejected the above assertion in detail by stating in detail the judgment on the summary of the evidence in the reasoning of the judgment.

Examining the above judgment of the court below with evidence records, the judgment of the court below is just, and there is no error of law by misunderstanding facts in the court below, which affected the conclusion of the judgment.

Therefore, the defendant's assertion is without merit.

3. An unfavorable circumstance is that the Defendant committed a crime during the period of repeated crime, which has been punished several times for the same kind of crime and thereby committed a crime by the prosecutor’s judgment on the assertion of unfair sentencing.

However, considering various sentencing conditions, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of a crime, degree of damage, and circumstances after a crime, the punishment imposed by the lower court is too unjustifiable and unreasonable.

4. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow