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(영문) 전주지방법원 2014.08.22 2014노547
절도등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The lower court’s punishment (two months of imprisonment and fine of thirty million won) against the Defendant against the gist of the grounds for appeal is too unreasonable.

2. The crime of this case is deemed to have been punished several times by larceny and Road Traffic Act (unlicensed driving), and the defendant is required to be punished by strict punishment in light of the fact that the defendant was not aware of the crime of this case during the period of repeated crime due to each of the above crimes and did not commit the crime of this case. Meanwhile, the defendant is confessioning all of the crime of this case; three months after the defendant was sentenced at the court below; the defendant seems to have the opportunity to reflect against the defendant through a large quantity of confinement; the victim does not want to punish the defendant; the defendant is presumed not to have been punished against the defendant; the defendant is suffering from brain or high blood pressure; the defendant's age, character and behavior, environment, family relationship, circumstances after the crime of this case, etc., it seems that there is no good health, such as the defendant's suffers from brain or high blood pressure, and the sentencing conditions of the crime of this case are considered to have been imposed by the court below, and the defendant's assertion of unfair sentencing is justified.

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 with merit, and the following judgment is rendered again after pleading.

Punishment of the crime

1. On July 16, 2013, around 12:30, the Defendant discovered that the victim D’s market value was parked in the Elim CT100 Orfa, the key of which is at least KRW 500,000,000, the victim D’s market value, i.e., the elim CT100 Orfa, with sticked, and that the Defendant stolen the efabbbba by putting the ebbbbbbbbbba,

2. The Defendant violates the Road Traffic Act (unlicensed Driving) without a license for a motorcycle at around 12:30 on July 16, 2013.

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