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(영문) 수원지방법원 2020.05.13 2020노1070
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The sentence imposed by the court below (two years and six months of imprisonment) shall be unlimited and unfair.

2. In light of the fact that the Defendant recognized all of the instant crimes and reflects on the fact that the amount of individual damage to the thief, and other various sentencing conditions indicated in the record of the instant crime, such as the motive and background of the instant crime, its contents, age, character and conduct, environment, and circumstances after the instant crime, the lower court is deemed to be harsh.

3. As such, the defendant's appeal is reasonable, and it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, Article 347-2 of the Criminal Act, Article 347-2 of the Criminal Act concerning criminal facts, the choice of punishment, etc.

1. Article 35 of the Criminal Act among repeated crimes;

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

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