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(영문) 서울중앙지방법원 2017.02.03 2016노4090
절도
Text

We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence sentenced by the first instance court (one month of imprisonment) on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. In light of the various circumstances described in the column for sentencing “reasons for sentencing” in the first deliberation of the judgment, the Defendant agreed with the victim E and I, and the victim L deposited KRW 1,00,000 as the name of compensation for damage, etc., and other circumstances, including Defendant’s age, sex, sex, environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, the sentence of the first instance judgment is somewhat unreasonable.

Therefore, we accept the above unfair argument of the defendant's sentencing.

3. In conclusion, the judgment of the first instance court is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading.

In other words, the criminal facts of the defendant and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment of the court of first instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting a crime;

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

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