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(영문) 부산지방법원 2014.03.21 2013노3795
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

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

2. The crime of this case is acknowledged that the Defendant committed the crime of this case without being aware of the fact that the crime of this case was committed, such as theft and embezzlement in marina where the Defendant had been employed, and that there was a history of punishment for the same type of criminal offense, even though it was during the period of repeated crime, such as exercising a fraudulent act in order to repair a vehicle with another person's driver's license with a stolen vehicle.

However, in full view of the following circumstances: (a) the Defendant is recognized as all of the instant offenses; (b) the father, etc. of the Defendant agreed with the victims and returned the damaged vehicle on behalf of the Defendant; and (c) the victim F and H expressed again the Defendant’s intent not to punish the Defendant at the trial; and (d) the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant offense; and (c) the sentencing conditions indicated in the records, such as the circumstances after the instant offense, are somewhat unreasonable.

Therefore, the defendant's argument is justified.

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.

Criminal facts

The summary of the criminal facts and evidence against the defendant recognized by the court is identical to each 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 331-2 of the Criminal Act, the choice of punishment for the crime, Article 355(1) of the Criminal Act, Article 329 of the Criminal Act, Article 230 of the Criminal Act, Article 231 of the Criminal Act, Article 234 and Article 231 of the Criminal Act shall be exercised.

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