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(영문) 부산지방법원 2020.04.02 2019노4192
특수절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment B and C, together with others’ residence, stolen money and valuables, and the Defendant conspireded to commit it, and disposed of the stolen goods.

Each of the crimes of this case is planned, and there is an interview with the law and the fact that the amount of damage is not significant is disadvantageous to the defendant.

The Defendant, who was detained in the instant case and was living under confinement, was subject to disciplinary action by exercising violence within the detention house, etc. is not good in the circumstances after committing the crime.

However, in full view of the following: (a) the Defendant appears to have committed the instant crime; (b) the Defendant appears to have played a leading role in the instant crime; (c) the Defendant agreed with the victim H at the investigation stage; (d) the Defendant agreed to the rest of the victim M in the trial; (c) the victims’ pecuniary damage was most recovered due to the Defendant’s repayment; and (d) the Defendant’s age, character and conduct, environment, motive or circumstance of the instant crime; and (e) all the sentencing conditions specified in the records and arguments, such as the circumstances after the commission of the crime, are unreasonable

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] The criminal facts and the summary of evidence against the defendant recognized by the court are the same as the corresponding part of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 331(2) and (1) and 30 of the Criminal Act concerning the facts constituting an offense;

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

1. The reasons for the reversal of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation shall be determined as ordered by taking into account the following circumstances in light of the reasons for the reversal of sentencing.

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