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(영문) 서울중앙지방법원 2014.08.13 2014노1843
특수절도등
Text

The part of the judgment of the court of first instance against the defendant is reversed.

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

Seized No. 1.

Reasons

1. The summary of the grounds for appeal (e.g., 10 months of imprisonment and confiscation) of the first instance court is too unreasonable;

2. The judgment of the defendant went to the crime of this case even though he had been punished for the same kind of crime, and in light of the applicable law and the frequency of the crime, etc., the crime of this case was committed in the first instance court on behalf of the defendant, but the father of the defendant reached an agreement with the victim'sO, UY, G, and AA on behalf of the defendant, and deposited the amount of damage to the victim N, P, and Q with Co-defendant A in the first instance court, and in the first instance court, the victim's U, AI, R, S, V,W, W, Z, Z, Z, and AC did not want the punishment of the defendant, and the defendant would not be punished again for his father, and the defendant's age, character and behavior, environment, criminal records, motive and method of the crime of this case, circumstances after the crime, etc., the defendant's assertion that the judgment of this case is unfair is justified.

3. Accordingly, the defendant's appeal is reasonable, and the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment of the court of first instance, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331(2) and (1) of the Criminal Act (the point of special larceny) concerning the facts constituting an offense, Articles 342, 331(2) and (1) (the point of attempted special larceny) of the Criminal Act, and Article 330 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Confiscation Article 48(1)1 of the Criminal Act 1.

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