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(영문) 창원지방법원 2019.09.18 2019노1521
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. The lower court rendered a sentence by taking into account the following circumstances: (a) the Defendant committed the instant crime; (b) the victim F would not have committed a second offense; (c) the victim F would not want a punishment against the Defendant; (d) the Defendant would not have been liable for the instant crime; and (e) the Defendant committed the instant crime even though he had been punished twice, including a suspended sentence of imprisonment with prison labor for the same type of crime; and (c) the fact that the damage has not been recovered was committed; and (d) the Defendant’s age, character and conduct, family relationship, the value of stolen goods; (d) the details and circumstances after the instant crime; and (e) the various sentencing conditions specified in the record

However, in full view of the fact that the defendant paid the amount of damage to the victim C in the appellate trial and agreed that the above victim does not want the punishment against the defendant, the court below's punishment is too unreasonable.

Therefore, the defendant's argument is justified.

3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence admitted by the appellate court and the summary of the evidence are the same as the stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 329 and 319 (1) of the Criminal Act, the choice of punishment, and the choice of imprisonment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Aggravation of Concurrent Crimes Act;

1. Article 62 (1) of the Criminal Act on probation;

1. It is so ordered as per Disposition for the same reason in determining the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act.

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