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(영문) 대전지방법원 2014.02.20 2014노77
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The 6-month imprisonment sentenced by the court below is too unreasonable.

2. We examine the judgment. Each of the crimes of this case is found to be unfair since the defendant stolen the victim E's goods and transferred them to the victim F, and as a result, the victim F was investigated with the charge of acquiring stolen goods, and the crime is found to be inferior in light of the series of crimes, and it is recognized that the crime was committed by deceiving money from the victim F under the agreement with the victim E, and that the above victims do not want the punishment of the defendant. The amount of damage caused by the theft and fraud of this case is not large, because the defendant did not want the punishment of the victim E, F, and the defendant did not commit the theft of this case, it is true that the amount of damage caused by the theft of this case and the crime of this case is not large, and that the defendant did not repeat the crime. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character, environment, motive, means, and result before and after the crime, the sentence imposed by the court below is too unreasonable.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court 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, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( normal consideration in favor of the above judgment);

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