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(영문) 수원지방법원 2015.01.29 2014노6773
절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (one year of imprisonment) is too unreasonable.

Judgment

It is recognized that the defendant committed the same kind of crime four times from the 25th of the same month to the 1st of June 17, 2014, although he/she was sentenced to a suspended sentence of two years on the same day and the defendant was sentenced to a suspended sentence of six months on June 17, 2014. Meanwhile, considering the various circumstances, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence of the court below is heavy, considering the fact that the defendant was committed against the defendant's living in custody, his/her economic difficulties, and his/her parents are faced with each other, and there are delayed and intellectual disabilities, and the victim's age, character and behavior, environment, motive and consequence of the crime, and the circumstances after the crime.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;

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

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