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(영문) 부산지방법원 2014.10.16 2014노2677
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment below

The part of the accused case shall be reversed.

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

evidence of seizure.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. The Defendant, without being fresh during the repeated period of two years and six months from the end of the repeated crime, stolen money and valuables by opening a door door to the new wall hour with no principal offender as a corrective device. Considering the period, frequency, method, and habituality of the crime, it is difficult to exempt the Defendant from punishment due to the nature of the crime.

However, according to the result of the sentencing examination at the trial of the court, when the defendant was unable to seek a stable occupation by leaving a shoulder while working in a defense industry company, it appears that the defendant committed the larceny by leaving his/her family with an unfortunate mind, while maintaining his/her livelihood from the Notification Board to the Earbrate, and after arrest, he/she voluntarily listed the entire past crime, and voluntarily collected a large number of stolen goods, and it is found that the defendant did not have an in-depth relation because he/she did not have an in-depth relation with the baby that the defendant started from the beginning of the beginning of the 30th century, and it is found that the defendant was living in the actual place because he/she did not have an in-depth relation. Considering the fact that the defendant gets again by taking advantage of his/her depth while working in the process of detention, the risk of recidivism is expected to be considerably mitigated, and other conditions of sentencing as indicated in the records, such as the defendant's age, character and behavior, environment, etc.

3. In conclusion, the part of the judgment below regarding the accused case among the judgment below under Article 364 (6) of the Criminal Procedure Act is reversed, and the defendant's appeal is again decided as follows after pleading.

Criminal facts

The summary of facts and evidence recognized by this court shall be as follows: the summary of the facts constituting the crime of the lower judgment and the summary of the evidence shall be as follows, with the exception of the sum of KRW 31,727,000 “41” and “31,727,000” and “42.”

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