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(영문) 광주지방법원 2015.12.24 2015노2881

절도

Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by eight months of imprisonment.

provided that this ruling has become final and conclusive.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (two months of imprisonment, confiscation) is too unreasonable.

Judgment

The crime of this case is an unfavorable sentencing factor, such as the following: (a) the Defendant’s prior entry of computer parts into the PC room in which the employee’s care is neglected; (b) the number of crimes of this case reaches 125 times, and the number of victims has reached 125 times; and (c) the degree of half of the amount of damage has not yet been recovered.

However, the defendant's acknowledgement of the crime of this case and reflects the fact that the defendant was the first offender who did not have any previous conviction, and that the defendant deposited approximately KRW 10 million for the victims to the appellate court in addition to the defendant's agreement with some victims at the lower court. Other factors of sentencing are favorable. Considering the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, criminal records, and environment, various sentencing materials revealed in oral arguments, such as the defendant's age, character and conduct, criminal records, and the scope of recommended sentences (not less than 6 months of imprisonment) according to the sentencing guidelines of the Sentencing Commission, and concurrent crimes: thieth [Determination of types of larceny] in general property: Basic area; 6 months to 2 years (the scope of recommending punishment) according to the sentencing guidelines of the thieth [the scope of punishment] in accordance with the basic area; 6 months to 1 year and 6 months; 1/2 and 3 months (the upper limit of sentence scope are concurrent crimes; 1/3%).

Therefore, since the defendant's appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

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

The laws and regulations;