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(영문) 의정부지방법원 2016.04.22 2016노543
절도등
Text

The judgment of the court below is reversed.

As to the one crime in which the defendant's decision was made, the crime of KRW 3,000,00 shall be punished, and the crime of KRW 2 and 3 shall be punished.

Reasons

1. The summary of the grounds for appeal that the court below rendered to the defendant (the first crime as stated in the judgment of the court below: imprisonment with prison labor for two months and the second and third crimes as stated in the judgment of the court below: imprisonment with prison labor for four months) is excessively unreasonable.

2. We examine the reasoning of appeal. Each of the crimes of this case committed by the Defendant is deemed to be disadvantageous to the Defendant, in light of the content, method, and degree of damage, etc. of the crime. The Defendant has been subject to punishment several times for the same kind of crime. The larceny crime of this case on October 24, 2014 was committed during the period of repeated crime due to the same kind of crime, while the rest of the crime was committed during the suspension of execution due to the same kind of crime, and is highly likely to be subject to criticism, such as being committed during the suspension of execution period.

However, if the defendant recognizes all the facts of the crime of this case, his mistake is against the defendant's depth, the victim's total amount of damage is fully paid, the defendant's age of 72 years old, the defendant seems to be relatively healthy, and the seriousness of punishment following the repetition of the larceny crime seems to have been sufficiently impaired. If the judgment of this case is detained for not less than 3 months in this case, it is assumed that the defendant must return to his wife with the punishment for eight months since the suspension of the previous execution is invalidated and suspended. If this judgment becomes final and conclusive, it is necessary for the defendant to support son and woman on behalf of his wife in long-term hospitalized treatment, the defendant's family members want to support son and woman, and other circumstances that meet the defendant's age, sex, behavior, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime, family relation, economic circumstances, etc., which are the conditions of the punishment of this case, the court below's assertion that the defendant's punishment is unfair and reasonable.

3. Thus, the defendant's appeal is justified.

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