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(영문) 의정부지방법원 2013.10.31 2013노2009

절도

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (eight months) of the original judgment is too unreasonable.

2. In light of the following circumstances: (a) the Defendant was sentenced to a suspended sentence of one year for larceny at the Jung-gu District Court on February 27, 2013 and was sentenced to a suspended sentence of two years for larceny; (b) the Defendant committed the larceny of this case again without being sentenced to a suspended sentence of two years; and (c) there are many victims, it is inevitable to sentence the Defendant; (d) the Defendant committed the larceny of this case; (b) the Defendant committed the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

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.

Criminal facts

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

Application of Statutes

1. Article 329 of the Criminal Act concerning the facts constituting the crime;

1. Selection of each sentence of imprisonment;

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