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(영문) 광주지방법원 2018.05.02 2018노882
절도등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the Defendant again committed the instant crime during the suspension of execution due to the same crime, and that no agreement was reached to recover damage or to recover damage, strict punishment against the Defendant is required.

However, in light of the circumstances of the crime of this case and the nature of the crime of this case, the defendant's employer, etc. wanting to take the defendant's wife, there are no other criminal records in addition to the above suspended sentence, and considering the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the court below is too unreasonable, and thus the defendant's above assertion is justified.

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

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows. On the first page of the judgment of the court below, the facts charged and the summary of the evidence are as stated in the corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 319 of the Criminal Act, Article 319 of the Criminal Act, and the selection of fines, respectively, for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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