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(영문) 인천지방법원 2015.07.03 2015노1718
상습절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, confiscation) of the lower court is too unreasonable.

2. In light of the circumstances and contents of the instant crime, etc., the crime is not good in light of the nature of the crime, the amount of theft damage or the frequency of the crime, and the fact that there is no agreement with some victims, etc., however, it appears that the Defendant has the time of reflectiveness while making a confession of all the instant crime and living close to six months. The amount of larceny damage in this case was most recovered, or the Defendant agreed with some victims, and partly deposited money for some victims, which was not agreed upon by the Defendant. On May 15, 2007, the court did not have any record of criminal punishment other than the summary order issued by the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Communications Network Utilization and Information Protection (information and Communications Network Infringement, etc.). The Defendant did not repeat the crime in the future, and the court's punishment against the Defendant is too unreasonable.

3. If so, the defendant'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 the following is ruled again after pleading.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 332 and 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act (the use of stolen credit cards) and the choice of imprisonment with prison labor;

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: Suspension of execution;

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