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(영문) 제주지방법원 2021.02.04 2020노957

절도등

Text

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, the period of three years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the lower court (three years of imprisonment, confiscation, and compensation order) on the summary of the grounds of appeal is too unreasonable.

2. Each of the instant crimes of this case regarding the grounds for appeal is the Defendant’s participation in the criminal act of licensing, which is referred to as “the collection of cash,” and the criminal act of Bosing is heavier than the Defendant’s liability in light of the following: (a) since the crime of Bosing is serious that may cause harm to the victim and society; (b) the victims of each of the instant crimes are many victims; (c) the amount of damage was considerably large; and (d) the Defendant was not able to receive from the victim J; and (e) the damage was not recovered from the victim F, B, and L was not recovered.

However, when the defendant was in the trial for the first time, all of the crimes of this case are led to the confession of each of the crimes of this case and recognized his mistake, the defendant paid an agreed amount to the victim F, B, and L, and agreed with the above victims, the victims do not want the punishment against the defendant, the crime of larceny against the victim J is committed, the defendant did not have any record of criminal punishment prior to the case, and the defendant did not have any record of criminal punishment prior to the case, and other all the sentencing conditions of this case, such as the defendant's age, sex, sex, environment, family relationship, motive and attitude of the crime, and circumstances after the crime, it is judged that the punishment imposed by the court below is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of

Application of Statutes

1. Article 329 of the Criminal Act and Articles 329, 30 of the Criminal Act (abstinence of intention) regarding criminal facts, Articles 342, 329 of the Criminal Act, and Article 329 of the Criminal Act.