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(영문) 수원지방법원 2016.07.22 2016노3358

절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

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

2. Determination is an unfavorable sentence condition against the Defendant, on the following grounds: (a) the Defendant steals a stack at a convenience store; (b) under investigation conducted by an investigative agency for that reason; (c) the use of a forged or falsified document; (d) the use of a forged or falsified investigation document; and (e) the forgery of a falsified signature and the use of a falsified signature; and (c) the quality of the crime was not less easily committed; (d) the Defendant was discovered by driving without a license prior to the instant crime; and (e) the Defendant was found to have been subject to punishment for an illegal use of official document.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant has an opportunity to reflect the Defendant’s life in custody for about one month; (c) the damaged goods were returned to the victim; (d) the Defendant had no record of punishment exceeding the fine prior to the instant crime; and (e) other circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, sex, criminal conduct, environment, family relationship, and circumstances after the instant crime; (b) the sentence imposed by the lower court is somewhat unreasonable; and therefore, (c) the foregoing unfair assertion of sentencing by the Defendant and his defense counsel is

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

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

Application of Statutes

1. Article 329 of the relevant Criminal Act (a point of view in Section 1), Article 231 of the Criminal Act (a point of view in the same Article), Articles 234, 231 of the Criminal Act (a point of view in the event of the above investigation document), Article 239 (1) of the Criminal Act (a point of view in the signature of the company), Article 239 (2) and 239 (1) of the Criminal Act (a point of view in the event of the above investigation) concerning the crime;

1. Trade name;