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(영문) 서울동부지방법원 2013.09.12 2013노853
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Matters of subparagraphs 1 through 5, 26, of seized evidence.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is excessively unreasonable.

2. Determination of the Defendant’s method of committing the instant crime is that the number of crimes and the amount of damage, such as intrusion upon residence by using tools or using gas pipes, etc., are a large amount of damage, and the victims’ damage has not been recovered. The considerable part of the damage was disposed of as stolen property. The Defendant again committed the instant crime without being aware of even though he was a repeated crime due to the same kind of crime, and the Defendant has a habit of larceny, etc., which is disadvantageous to sentencing.

However, considering the fact that the defendant was under confinement for more than four months up to the trial of the court, and that the defendant was under confinement for more than four months, and that the defendant was under co-defendant B of the court below after the release, but he did not receive proper benefits, and did not move to the crime of this case, and that the defendant committed the crime of this case. The defendant's act of living together with the birth that he was under a 20 years after the release of the defendant by finding the birth that he was under a feasible life in the time when he was under a feasible life after the release of the defendant, the defendant's age, character and behavior and environment, motive or circumstance of the crime, means and consequence, and all other conditions of sentencing as well as the circumstances before and after the crime are considered, the sentence of the court below is somewhat heavy.

3. Accordingly, 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 well-grounded, and the following is ruled again.

Criminal facts

The summary of the facts charged and the summary of the evidence presented by the court are 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 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 331(1), 330, and 329 of the Criminal Act, and choice of imprisonment with prison labor.

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