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(영문) 창원지방법원 2017.11.23 2017노2175

상습특수절도

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 through 4, 6 and 7 shall be confiscated, respectively.

Reasons

1. The sentence imposed by the court below on the defendant (one year and two months of imprisonment) is too unreasonable.

2. On August 20, 2015, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for at least eight months in Busan District Court due to larceny, etc., and on December 18, 2015, the Defendant committed each of the larceny in this case without being aware of the two years of the suspension of the execution of imprisonment with prison labor for special larceny, etc. on December 18, 2015. The Defendant committed each of the larceny in this case without being aware of the two years of the suspension of the execution of the imprisonment with prison labor for at least 46 victims for about 14,50,000 won in total from about 46 victims for about 2 months. The Defendant did not agree with the victims about 37 victims, and the damage was not recovered at all [Attachment 4 (Attachment 15, 27, 37, 400,000 won in the judgment below].

However, considering the fact that the defendant acknowledges and reflects the crime, most of the victims' damage amounts are not large, the defendant's 7 victims (attached Form 7, 8, 13, 17, 25, 33, 34 in the judgment of the court below) in the court below, the above victims do not want the punishment of the defendant, the defendant's growth in the family environment of the defendant, and other various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sexual conduct, circumstances before and after the crime, etc., the punishment of the court below is unfair.

3. The decision 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 judgment below is ruled again as follows.

Criminal facts

Criminal facts and the summary of evidence recognized by the court.