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(영문) 수원지방법원 2014.04.03 2014노494
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

【Judgment on Grounds for Appeal】

1. The sentence of the court below (two years of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant was inevitable to sentence the Defendant to commit the instant crime again during the period of repeated crime due to the same criminal record, and the instant crime was committed repeatedly and repeatedly in a short period due to the discovery of the Defendant’s theft habits, and some of them are not sufficient to commit the instant crime by destroying the structure at night, and it is not appropriate to commit the instant crime. In view of the fact that the Defendant did not agree with the victims, the Defendant needs to be punished with strict punishment.

However, in full view of the following factors, the court below's punishment is too unreasonable, considering the defendant's age, character and conduct, occupation and family environment, circumstances after the crime, etc., as well as various sentencing factors in this case, such as the defendant's age, character and conduct, occupation and family environment, circumstances after the crime, etc., the fact that part of the damaged goods were returned to the victims, the amount of damage appears to be relatively small, and the defendant appears to have committed the crime in order to prepare living expenses.

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

[Reasons for the decision to see] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is citing it as it is in accordance

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 330 of the Criminal Act concerning the relevant criminal facts and the selection of punishment for a limited term;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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