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(영문) 청주지방법원 2017.09.01 2017노816

특수절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case committed by the Defendant is not punishable in light of the motive, circumstance, etc. of the crime, since the Defendant steals an object from a vehicle parked on the taxi side of his mother and child, steals an automobile, stolen money by intrusioning on a restaurant, or stolen or attempted money.

However, the Defendant made a confession of all the crimes of this case, and is in profoundly against the victim, and the stolen motor vehicle was returned to the victim, and the damage caused by each of the crimes of this case is minor

The defendant has no record of having been sentenced to a fine not exceeding three million won due to a violation of the Road Traffic Act in 2011, and a fine not exceeding six million won due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2014, etc.

In addition, the defendant has reached an agreement with all the victims (all the victims) in the first instance.

In full view of the various circumstances, including the circumstances added at the trial of a party as above, and other various circumstances, which form the conditions for sentencing as indicated in the instant case, such as the defendant’s age, sex, environment, family relationship, and circumstances after the crime, the sentence imposed by the court below is deemed to be too unreasonable, and thus, the two kinds of punishment of the defendant is reasonable.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions on criminal facts, Articles 331(1) and 329 of the Criminal Act (special larceny), Articles 342 and 330 of the Criminal Act (the attempted larceny at night), Article 329 of the Criminal Act (the intention of Section 329), Article 342 of the Criminal Act, and Article 342 of the Criminal Act.