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(영문) 의정부지방법원 2017.09.18 2017노2112
특수절도미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.

2. The Defendant committed each of the instant crimes during the suspended execution period due to intrusion upon a structure at night, theft, etc., and the crime No. 4 of the judgment committed by an investigative agency continuously after being investigated by the investigation agency. The instant crime was committed by the Defendant by intrusioning upon an unspecified victim’s shop, thereby destroying or attempted to steals an article, and the commission of the crime is heavy in light of the applicable law and content of the crime.

However, in light of the following: (a) the Defendant appears to have led to the confession and mistake of the Defendant; and (b) the victim agreed with the lower court and the victim, other than the victim of “AF” as stated in the attached list of crimes, entered in the judgment of the lower court; (c) the victims do not want the punishment of the Defendant; (d) the victims do not want the punishment; (e) the amount of damage is not substantial or attempted; and (e) other various sentencing conditions indicated in the record, such as the background of the crime; (e) circumstances after the crime; and (e) the Defendant’s age and family relationship, the lower court’

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 reasonable, and the judgment below is ruled as follows.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 342, 331(1) (a) of the Criminal Act regarding criminal facts; Article 330 (a) of the Criminal Act; Articles 342, 329 (a) of the Criminal Act; (b) Article 329 (a) of the Criminal Act; (c) Article 319(1) (a) of the Criminal Act regarding criminal facts; (d) concerning the selection of punishment; (e) Articles 342, 331(1) (a) of the Criminal Act; (e) Articles 342, and 342 of the Criminal Act regarding the selection of punishment.

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