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(영문) 서울중앙지방법원 2012.12.07 2012노3425
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the first instance shall be reversed.

The sentence against the accused shall be determined by one year and six months of imprisonment.

Reasons

1. The summary of the grounds of appeal is unreasonable in light of the following: (a) although the judgment of the court was made on the grounds of unfair sentencing: (b) the nature of each of the crimes of this case is very poor in light of the Criminal Procedure Act, which cutting the crime prevention window using tools prepared in advance and intrudes upon residence several times according to the thorough advance plan, and (c) the defendant committed each of the crimes of this case even though there has been multiple criminal records, including the criminal punishment for the similar type of crimes; (d) although the defendant committed each of the crimes of this case, even though there has been multiple criminal records, the defendant committed the crimes of this case, it seems that the defendant agreed with the victim E, I, K in the first instance trial only, and the defendant deposited 70,000 won with the victim P at the first instance trial as well as the deposit of 700,000 won to the victim P at the first instance trial; and (e) the defendant did not repeat any other similar mistakes by reflecting his depth and again; and (e) the amount of damage inflicted by each of the crimes of this case is relatively favorable for the defendant.

(3) In conclusion, the defendant's appeal is accepted, and the judgment of the court of first instance is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after the pleading.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342, 329, and 319 of the Criminal Act concerning criminal facts and the choice of punishment.

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