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(영문) 부산지방법원 2016.08.25 2016노2266
특수절도미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The 6-month imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. It is clear that the defendant needs to give more severe warning to the defendant in light of the fact that the defendant committed the crime of this case again during the period of probation due to habitual larceny and that the defendant received juvenile protective disposition several times due to the crime of larceny.

However, the circumstances such as the fact that the defendant is a young person of 23 years of age who is 23 years of age and takes the attitude of admitting and opposing the defendant's wrong by living in custody, that the crime of this case is not significantly damaged by attempted crime, and that the defendant does not want the punishment of the defendant by agreement with the victim in the trial of the party, should be taken into account in favor of the defendant

Considering the above circumstances and other circumstances such as the Defendant’s age, sex, family environment, motive and circumstance of the crime, and the circumstances after the crime, the punishment sentenced by the court below is too heavy.

The decision is judged.

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 the defendant's appeal is again decided as follows.

Criminal facts

The summary of facts and evidence admitted by this court is as follows, except for deletion of facts constituting an offense and the summary of evidence from the judgment of the court below, and as such, it is identical to the description of the corresponding part of the court below, thereby citing them in accordance with Article 369 of

Application of Statutes

1. Articles 342, 331 (2) and 331 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55 (1) 3, Mar. 1, 19

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

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