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(영문) 수원지방법원 2015.07.28 2015노2291
절도등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of the grounds for appeal by the defendant and his/her defense counsel;

A. On the first lower judgment, the Defendant’s mistake against the Defendant, and the sentence of the first lower judgment, which sentenced eight months of imprisonment, is too unreasonable in light of the following: (a) the Defendant committed a mental disease, such as an irregular and impulse disorder, etc. after undergoing a simplified surgery in around 2005; (b) the degree of damage was not much excessive; (c) some of the theft goods were temporarily returned to the victims; (d) the Defendant was a recipient of basic living security; and (e) the Defendant was making efforts to recover from damage.

B. In light of the fact that the Defendant’s mistake against the judgment of the second instance, and is suffering from the depression, impulse control disorder, etc., the sentence of the judgment of the second instance, which sentenced six months of imprisonment, is too unreasonable.

2. Before determining the grounds of appeal for ex officio determination, each of the judgments of the court below is merged with each of the judgments of the court below, and each of the offenses in the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be judged concurrently and sentenced to a single punishment pursuant to Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained further.

3. Conclusion, pursuant to Article 364(2) of the Criminal Procedure Act, the judgment of the court below is reversed ex officio and it is again decided as follows.

Criminal facts

The summary of the defendant's facts constituting the crime and the summary of the evidence

(a) Except for the correction of “Z” in the 3rd part of the paragraph as “AE”, it is identical to the description in each corresponding column of the lower judgment, and thus, it shall be accepted in entirety in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. A larceny of each of the larcenys indicated in the relevant legal provisions concerning facts constituting an offense: At night, intrusion upon residence as indicated in Article 329 of the Criminal Act: Article 330 of the Criminal Act;

1. Of concurrent crimes, each of the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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