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(영문) 전주지방법원 2014.08.29 2014노628
특정범죄가중처벌등에관한법률위반(절도)
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for a period of one year and three months; and

3. As to items 4 through 23 of seized evidence.

Reasons

1. The decision of the court below on the gist of the grounds for appeal by the defendant (a prison term of one year and six months, confiscation) is too unreasonable.

2. The crime of this case is a theft of property equivalent to 16 million won in total at night by the defendant who intrudes on the body, etc. over 10 times, and the nature of the crime is heavy in light of the method, frequency, and amount of damage, etc. of the crime; the defendant did not agree with the victims; the defendant committed the crime of this case during the period during which the same crime was committed; however, the defendant is disadvantageous to the defendant; the defendant voluntarily cooperates with the investigation such as the confession of the crime of this case and his mistake; the defendant voluntarily led to the confession at the investigative agency; the defendant voluntarily led the crime of this case; the defendant must be sentenced to the punishment that is invalidated and suspended when the sentence of imprisonment is finalized; the defendant must be supported by the defendant; the family members of the defendant; the defendant's age, character and behavior, environment, family relationship, motive, means and consequence of the crime; and the circumstances after the crime, etc., the sentence of this case is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 330 of the Criminal Act in relation to the crime in question and Article 331 (1) of the Criminal Act (a point of night-time larceny) of the same Act;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes, and the list of crimes as shown in the judgment of the court below, which is the most severe penalty.

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