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(영문) 광주지방법원 2017.12.19 2017노3680
절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The Defendant is not only guilty of a theft of cash against the offender, but also has a record of punishment for the same crime.

However, not only the defendant seems to have stolen the small amount of money, but also the defendant agreed to pay the amount of damage and pay it smoothly with the victim.

In addition, the sentence of the court below is deemed to be unfair due to excessive and excessive disregarding circumstances that may serve as conditions for sentencing, such as the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, and agreement in the case of the party.

Therefore, the defendant's improper argument in sentencing is acceptable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows after pleading.

[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

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