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(영문) 인천지방법원 2018.11.16 2018노2475

절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. Before becoming an adult, the Defendant committed the instant crime even if he continued to commit the same crime as the instant crime and received juvenile protective disposition several times, and the Defendant continued to commit the instant crime under several similar methods from the end of 2017 to June 2018, is disadvantageous to the Defendant.

However, after the arrest of the accused, the accused is both a person and reflects his criminal act, and there is no record of criminal punishment other than juvenile protective disposition.

There is also a reason to take into account the method of crime, such as the fact that the defendant has not yet committed any act such as destroying another person's vehicle at the time of committing the theft.

In addition, when comprehensively considering the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime, the sentence of the court below is somewhat heavy.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence against the defendant recognized by the court is identical to the description of 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 Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Specialized Financial Business, and the choice of imprisonment for each type of credit;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for the reversal of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation shall be determined as per the order, taking into account the various factors of sentencing.