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(영문) 서울중앙지방법원 2015.04.23 2015노1154
절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

A copy of a seized modern card (No. 14) shall be the victim.

Reasons

1. The sentence of the lower court to the accused (one year of imprisonment) against the summary of the grounds for appeal is too unreasonable.

2. In light of the fact that the Defendant repeatedly committed the larceny of the same law for several years, and that the amount of damage therefrom exceeds KRW 50 million, the victim’s liability for the crime is not exceptionally against the victim.

However, in full view of all the sentencing conditions in records and arguments, including the fact that the defendant has no history of punishment exceeding a fine for the last ten years, the court below agreed with a considerable number of victims, deposited the amount equivalent to the amount of damages for some victims, and most victims have recovered from damages by additional agreement with the victim N in the trial. The remaining victims have been returned the damaged goods or suffered minor damages, and the remaining victims have divided their mistakes in depth through a prison life for about six months, the sentence of the court below is somewhat unreasonable.

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

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by the court are identical to the facts charged in the judgment of the court below, except for the change of "53,163,876 won" to "54,463,876 won" among the facts charged in the judgment of the court below, and therefore, it is also identical to the facts in the corresponding column of the judgment of the court below. Thus, it is

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

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;

1. Article 333 (1) of the Criminal Procedure Act for return of victims;

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