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(영문) 부산지방법원 2019.01.10 2018노3757

절도

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the lower court (the fine of KRW 3,00,000) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The crime of this case was committed on the basis of the following facts: (a) the Defendant brought a theft of the industrial salary equivalent to eight million won at the market price; and (b) the Defendant was committed with heavy liability in light of the substance of the crime; and (c) the Defendant was not yet agreed with the victim; and (d) the circumstances unfavorable to

However, the court below's punishment against the defendant is too unreasonable, considering the fact that the defendant led to the confession of the crime of this case and reflects the mistake in depth, the defendant's failure to commit the crime of this case, there are circumstances that can be somewhat different from the circumstances of the crime of this case, such as the defendant's primary crime, the defendant's age, character and conduct, and environment, and all other circumstances that form the conditions of sentencing as shown in the arguments of this case such as the defendant's age, character and behavior

Therefore, the defendant's above assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: 1. The summary of the court below's judgment's "the summary of evidence" added the defendant's oral statement to "the defendant's oral statement" as stated in each corresponding column of the court below's judgment. Thus, it is cited in accordance with Article 369 of the

Application of Statutes

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;