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(영문) 부산지방법원 2015.12.24 2015노3007
특수절도등
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

Defendant shall be punished by imprisonment with prison labor of two years and by a fine of three hundred thousand won.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (three years of imprisonment and fine of three hundred thousand won) is too unreasonable.

2. In light of the method, content, frequency, etc. of each of the instant crimes, each of the instant crimes committed by the Defendant is considered to be disadvantageous to the Defendant, such as the following: (a) the nature of the crime is very rough and difficult; (b) the victim was unable to agree with most victims; and (c) the damage was not recovered considerably; and (d) the Defendant repeatedly committed each of the instant crimes even before the instant case was subject to juvenile protection

However, in light of the favorable circumstances, such as the defendant's recognition of each of the crimes in this case, the defendant's attitude against the victim AT and Q during the trial period, the agreement with the victim AT and Q was reached, the defendant appears to have been growing in an unstable environment, and the possibility of improvement of the defendant who has yet to be aged 19 and the future needs to be considered, and all of the sentencing conditions shown in the records and arguments in this case, such as the defendant's character and behavior, environment, and circumstances after the crime, etc., the punishment imposed by the court below is unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment below excluding the compensation order is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) of the Criminal Act (the point of special larceny) concerning criminal facts, each of the Criminal Act Article 347(1) (the point of fraud and choice of imprisonment) and Article 70(1)3 of the Specialized Credit Financial Business Act are stolen;

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