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(영문) 부산지방법원 2017.08.18 2017노1445

절도

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

The victim shall be entitled to no. 2 of seized evidence.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (five million won in penalty) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The circumstances favorable to the defendant include the fact that both judgment and determination are recognized, that the defendant stolen and returned to the victim E, and that the above victim does not want punishment against the defendant.

However, the fact that each of the crimes of this case was committed without being aware of even during the period of repeated crime due to the same crime, and the fact that the risk of recidivism is high at least six times due to the same crime, is considered to be disadvantageous to the defendant.

In full view of all the circumstances, including these circumstances, such as equity with a similar case, the age, sex, and environment of the defendant, the motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is too unfeasible and unfair.

3. As such, the prosecutor’s appeal is reasonable, and the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the decision is rendered again following the pleadings ( there is no ground for appeal by the defendant, but the order of the prosecutor’s appeal is dismissed as long as the judgment of the court below is accepted and the judgment of the court below is reversed). 【The criminal facts and the summary of evidence recognized by the court below are the first head of the crime of the judgment below. “The defendant was sentenced to three years of imprisonment on June 3, 201 for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Busan District Court Branch of the Busan District Court on April 2, 2014, and the execution of the sentence is terminated at the Jinju prison on April 2,

“1. A previous conviction in the ruling” is added and a reply to inquiries, such as criminal history, is made in the summary of the evidence.