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(영문) 의정부지방법원 2016.01.19 2015노2834

특수절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

One cuter (No. 1) seized and tamper fl.

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. The Defendant committed the instant crime without being aware of it during the period of repeated crime due to the same type of larceny, and the Defendant’s agreement with the victims or failure to recover from damage is an unfavorable circumstance to the Defendant.

However, considering the fact that the Defendant confessions and reflects all of the instant crimes, the Defendant’s health condition appears to be not good, and other factors of sentencing as shown in the instant pleadings and records, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 331(2) and (1) of the Criminal Act (special larceny) concerning facts constituting an offense, Article 329 of the Criminal Act, and Article 329 of the Criminal Act, and the choice of imprisonment with prison labor (related to larceny);

2. Article 35 of the Criminal Act for aggravated repeated crimes;

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

5. Article 48 (1) 1 of the Criminal Act to be confiscated;