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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2017.01.12 2016노3439
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of two years and ten months.

The date of seizure, such as a hand, etc. (No. 1), shall be the date of seizure.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (three years of imprisonment, confiscation) is too unreasonable.

2. Determination [Unfavorable Circumstances] The crime of this case was committed by the Defendant by intrusion upon an office, shop, etc. without any person at night by using a dricker, etc., and committing the so-called so-called “nick House’s hair”, and the crime is very poor in the method of crime, etc.

Although the Defendant had been punished several times due to the larceny crime similar to this case in the past, the Defendant completed the final prison term of punishment and was released from the prison, and again committed the instant crime at least 11 months.

[The favorable circumstances] The defendant recognized all of the crimes of this case, and is against the law.

Some of the damaged goods were returned to victims.

The decision of unconstitutionality was made on some of the penal provisions applied to the defendant.

[Determination] Considering the above unfavorable circumstances, the Defendant’s age character and character environment including favorable circumstances, the relationship to victims, the motive means of crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable and unfair.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

The summary of facts constituting an offense and evidence recognized by the court (in compliance with the reasoning of the new judgment, the summary of facts constituting an offense and evidence is the same as the corresponding part of the judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of

Application of Statutes

1. Articles 332, 329, 330, and 342 of the Criminal Act, inclusive, with respect to the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes [Inasmuch as the first head of the judgment, which completed the execution of punishment on December 7, 2013, was a criminal record of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes]

1. Sentencing sentencing under Article 48(1)1 of the Criminal Act.

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