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(영문) 부산지방법원 2018.11.29 2018노3017
절도
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below (two months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. However, the Defendant recognized the Defendant’s mistake in the first instance.

The amount of damage is small, and the damage has been fully recovered.

In addition, the sentence imposed by the court below is unreasonable in light of the following: the defendant's age, sex, family relation, circumstances after the crime, the circumstances after the crime, and various conditions of sentencing as shown in the previous and previous theories, such as criminal records, etc.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and 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 concerning criminal facts, the choice of punishment, and the choice of fines;

1. The reasons for the reversal of the sentence under Articles 70(1) and 69(2) of the Criminal Act with respect to the detention of the workhouses shall be determined by taking into account these circumstances into account.

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