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(영문) 부산지방법원 2013.10.24 2013노2388
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In light of the fact that the Defendant was punished twice due to the theft of another person’s wall, etc. by the University Library, and thus, the nature of the crime is not less and less likely to commit the crime in light of the character and conduct thereof, and thus, a serious warning is required to prevent recidivism.

However, as a result of the sentencing review in the trial of the court below, although the defendant sent an exemplary academic creative era to a national university in difficult family circumstances, and opened a hydro-cognition department to leave the school due to lack of aptitude, and enter the department he wants. In addition, serious mental stress was experienced due to the examination life beginning at a certain age and the scarbic symptoms due to mental disorder, etc., compared with the female students who entered the university they want at the university at the same time, it seems to have committed the crime of this case in a dynamic and friendly manner, and it appears that the defendant committed the crime of this case in response to the progress of detention for about three months, and that the defendant was able to keep good grades after being released from the school, and that there seems to be much possibility that the defendant would have been able to have committed the crime of this case by continuing to pay more attention to the defendant's family life in consideration of the above circumstances, such as the defendant's family life at the same time.

3. Accordingly, the defendant's appeal is with merit, and the judgment of the court below is reversed and the pleading is made in accordance with Article 364 (6) of the Criminal Procedure

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