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(영문) 서울동부지방법원 2015.12.30 2015노1399

절도

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court against the Defendant is too unreasonable.

2. The crime of this case is recognized that the crime of this case was committed in a short period of six times at a soup, making soup through a set of 3-day mobile phones, and the crime was committed repeatedly and repeatedly in a short period, and that the defendant has the same criminal record as a fine, one time of probation, and one time of probation.

However, in full view of various circumstances, such as the fact that the defendant has both committed a crime and has an opportunity to reflect wrongs while living in prison for four months, that all damaged goods have been temporarily returned, and that the defendant's health and experience was attached to the sentencing conditions, the punishment sentenced by the court below is too unreasonable.

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 it is again decided as follows.

[Discied Judgment] The criminal facts and the summary of the evidence mentioned by the court are the same as the corresponding column of the judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

Article 329 (Selection of Imprisonment or Imprisonment)

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;