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(영문) 전주지방법원 2013.11.01 2013노957

절도등

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for a year and eight months; and

Reasons

1. The sentence imposed by the court below (two years and three months of imprisonment) is too unreasonable.

2. In full view of the fact that the defendant had been punished several times for the same crime, but the defendant committed the crime of this case at the same time during the period of repeated crime due to the same crime, and the defendant did not reach agreement with the victims. However, although the defendant recognized the crime of this case, the defendant has committed the crime of this case in depth, and that the defendant committed the crime of this case with the aim of raising living expenses, etc. mainly while living without a certain revenue or residence, the amount of individual damage was relatively large and other circumstances that form the conditions for sentencing as indicated in this case, such as the defendant's age, character, character, environment, family relationship, etc., it is deemed that the sentence imposed by the court below is too unreasonable.

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 following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, except where the "(including the part of the AS statement)" of "2013 High-Ma537" is deleted (the part of the AS statement in the AS statement prepared by the judicial police assistant cannot be used as evidence since it does not have the signature or seal of AS which is the original person) from among the summary of the evidence in the judgment below's summary of the evidence. Thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act, Article 347(1) of the Criminal Act (excluding the fraud of 2013No326 of the original judgment), Article 347(2) and Article 347(1) of the Criminal Act (generalally, the fraud of 2013No326 of the original judgment), and Article 230 of the Criminal Act on criminal facts.