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(영문) 부산지방법원 2014.04.04 2014노203
특수절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (ten months of imprisonment) of the original judgment is too unreasonable.

2. In full view of the fact that the defendant is living in custody for more than three months, the amount of damage caused by the crime of this case is more than 670 million won in total, which is agreed with E among the victims. The remaining victims agreed with E, which is co-offender C, there is no record of being sentenced to more severe punishment than a fine, and the defendant's occupation and other matters concerning the sentencing specified in the records and arguments of this case, the judgment of the court below against the defendant is too unreasonable, and therefore the defendant's assertion is justified.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 legal provisions concerning criminal facts, Article 331(2) and (1) of the Criminal Act (the point of special larceny), Articles 347(1) and 30 of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act, Article 30 (1) of the Criminal Act, Article 30 of the Criminal Act (the point of unlawful use of the card, comprehensive use of the card), Articles 352, 347(1) and 30 of the Criminal Act, Article 70(2)2 (a) of the Specialized Credit Finance Business Act, Article 30 of the Criminal Act (the point of attempted fraud), Article 30 of the Criminal Act (the point of financing by the largest sale of goods), Article 30 of the Criminal Act

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., grounds for reversal);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the reasons for reversal);

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