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(영문) 수원지방법원 2019.06.13 2019노1752
절도등
Text

The judgment of the court below is 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 lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine both the judgment and the prosecutor’s arguments.

The circumstances, such as the confession of the Defendant to commit the instant crime and the reflection of his mistake, the lower court agreed with some victims, and the fact that there was an additional agreement with one victim in the trial, are recognized.

However, the crime of this case is committed by deceiving the victims that the defendant stealss the victims' property in the PC room, uses a stolen credit card, sells game money or fcart, etc., and it is very poor in light of the repetition of the crime, the method and contents of the crime, including the repetition of the crime, the planning, etc.

Even if the amount of damage is not very significant, the victims reach 20 persons, and most of the damage is not recovered, and the responsibility for the crime is heavy.

On August 23, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. and two years of suspended sentence on August 31, 2017, which became final and conclusive on August 31, 2017, and committed the crime of this case without being aware of the fact that he was under suspended sentence.

In full view of such circumstances as equity in sentencing with cases of the same or similar kind of punishment, and other various conditions of sentencing as shown in the pleadings of this case, including the defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the sentence imposed by the court below is deemed to be too uneasible and unfair.

Therefore, the defendant's argument is without merit, and prosecutor's argument is with merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

As long as an appeal by a defendant is groundless, but the judgment of the court below is reversed, the appeal by the defendant shall be separately filed in the text.

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