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(영문) 수원지방법원 2016.11.30 2016노5870
절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the judgment of the court below (the first judgment: imprisonment with prison labor for 1 year and 2 months: imprisonment with prison labor for 4 months) is too unreasonable.

B. The sentence of the judgment of the court of first instance by the prosecutor is too uneased and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried by examining each appeal case against the judgment of the court below jointly, and each of the offenses of the judgment of the court below should be sentenced to a single sentence pursuant to Article 38(1) of the Criminal Act in relation to concurrent offenses under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from reversal.

3. If so, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act, without examining the argument of unfair sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part 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 Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

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

Some of the damage caused by the instant crime were confiscated and thus the victims were returned or expected to be returned.

한편, 이 사건 범행은 다방에 침입하여 타인의 재물을 절취하거나, 다중이 이용하는 장소(시장, 버스정류장)에서 타인 몰래 그 소지품을 절취하거나, 길거리에서 쓰러진 취객을 대상으로 그 소지품을 절취하거나, 타인의 소지품을 잽싸게 채어...

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