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(영문) 부산지방법원 2013.12.20 2013노3493

절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the reasons for appeal is too unreasonable that the punishment of imprisonment (one year of imprisonment) of the original judgment is too unreasonable.

2. The judgment of the court below has a record of having received juvenile protective disposition several times as the same crime to the defendant, but the defendant has much human life experience at the age of her age. In light of the fact that the defendant appeared to be against the fact that she would not repeat again while living in prison for about six months in the case, and that all matters concerning the sentencing specified in the records and arguments of this case are considered to be unfair since the punishment of the court below is too unreasonable. Thus, the defendant's assertion is justified.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act (the use of stolen credit card), Article 360 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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 on the suspension of execution;

1. Probation and community service order under Article 62-2 of the Criminal Act;