(영문) 전주지방법원 2015.04.24 2015노44 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2015.04.24 2015노44

특정범죄가중처벌등에관한법률위반(절도)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor examined the name of the crime against the defendant from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" to "Habitual thief", and applied for permission to change the applicable provisions to "Articles 5-4(1) and 329 and 342 of the Criminal Act" to "Articles 332, 329, and 342 of the Criminal Act" respectively. Since this court was subject to the judgment by permitting this, the judgment of the court below is no longer possible.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the following decision is delivered without examining the defendant's assertion of unfair sentencing, on the ground that there is an ex officio reversal ground as above.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as shown in the corresponding column of the judgment below, except for the case where "a person who has completed the execution of the sentence in the previous prison on February 13, 2013" is changed from the end of the criminal records of the judgment below to "a person who has completed the execution of the sentence in the previous prison on February 12, 2013", and therefore, it shall be quoted as it is in the corresponding column of the judgment below.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 332, 329 and 342 of the Criminal Act concerning the selection of criminal facts (generally and severally, choice of imprisonment);

1. The reason for sentencing Article 35 of the Criminal Act for a repeated crime is that the defendant has been punished several times, including the defendant who was sentenced to punishment for habitual larceny, and also commits the thief crime of this case even during the period of repeated larceny.

However, the defendant committed the crime of this case.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의4 제1항

유사 판례

-대전고등법원 2015.05.01 2015노94

-대전고등법원 2015.06.05 2015노136

-청주지방법원 2015.11.27 2015재노15

-의정부지방법원 2015.05.01 2015노659

-전주지방법원 2015.07.03 2015재노5