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(영문) 의정부지방법원 2016.05.20 2016노728

절도

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

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

2. Not only has the record of having been punished several times for the same crime, but also has not been aware of the fact that the defendant was under the suspension of the execution due to the same crime, but also has a high possibility of criticism again for the crime of this case (in spite of being under the suspension of the execution, the record of being sentenced to a fine for the same crime, which is separate from this case, has

However, the court below's decision is unfair in light of the favorable circumstances, such as the fact that the defendant's family members were aware of the crime of this case, the theft goods were returned to the victim, the fact that the victim was smoothly agreed with the victim, the damage caused by the crime of this case is relatively minor, the damage caused by the suffering from the fluence in relation to her mother and her mother, and the symptoms of the wall were repeated due to the her fluence. The case of this case shows that 2 months of confinement life, the her family members had the time of her fluence while living in her mother, the fact that the defendant's family members are raising her baby, the fact that the defendant's family members want to take care of the defendant's age, sex, environment, method, possibility of recidivism, the circumstances after the crime of this case, and the circumstances after the crime, family relation, etc., and all other favorable circumstances that the defendant's family members are trying to keep the defendant from committing again.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

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

The laws and regulations;