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(영문) 수원지방법원 2015.06.10 2015노2015
특수절도
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

, however, from the date this judgment becomes final.

Reasons

1. The sentence of the lower court (six months of imprisonment) against the Defendants in the summary of the grounds for appeal is too unreasonable.

2. In light of the fact that the Defendants had been subject to a disposition of suspending indictment for special larceny in the past, even though there was a history that the Defendants had been subject to the disposition of suspending indictment for the crime of special larceny in the past, the Defendants’ liability for the crime of this case is not somewhat minor, but is against their depth, the amount of damage is not large, and the amount of damage is likely to result in the crime of this case due to difficulties in living, and the victims are not wanting to be punished by mutual consent with the victims, and the Defendants have no particular criminal record except for those subject to the disposition of suspending indictment, the Defendants’ family members are leading the Defendants, and in full view of all other circumstances that form the conditions of sentencing, such as their respective ages, character, environment, environment, family relations, circumstances after the crime, etc., the Defendants’ respective sentence against the Defendants is too unreasonable. Therefore, the Defendants’ assertion 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 appeal by the defendants is all reasonable.

Criminal facts

The summary of the evidence and the facts charged by the Defendants and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act for a suspended sentence ( normal consideration under the preceding paragraph (2));

1. Article 62-2 of the Criminal Act for Probation, and Article 59 of the Act on Probation, etc.;

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