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(영문) 춘천지방법원 강릉지원 2014.11.18 2014노413
특수절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence of subparagraphs 1 through 40, 43.

Reasons

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

2. The crime of this case was committed for a considerable long period of time by the Defendant, who stolen goods after cutting off or destroying the correction device using the tools, etc., and the nature of the crime was poor in light of the method of the crime or the amount of damage, etc., and the Defendant had been punished several times for larceny, and some of the crimes of this case committed during the period of repeated crime, etc., which are disadvantageous to the Defendant, cannot escape from the Defendant’s punishment.

However, there are many favorable circumstances for the defendant, such as the fact that the defendant made a confession of all the facts of the crime, the fact that the defendant agreed with all victims, and the fact that the defendant's rehabilitation will is strong. In full view of the sentencing conditions of this case, including the above various circumstances, including the defendant's age, occupation, motive, means and consequence of the crime, the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 331(1) of the Criminal Act, Article 330 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 331(1) of the Criminal Act, and Articles 342 and 331(1) of the Criminal Act (a point of attempted special larceny);

1. Article 35 of the Aggravation of Cumulative Offense Act (Crime of Theft to Victims H);

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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