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(영문) 서울남부지방법원 2017.05.18 2017노130
절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. In light of the fact that the defendant is in profoundly against the purport of the grounds for appeal, the fact that he has compensated for and agreed on the damage to the victim, and the fact that he is responsible for supporting the natural parents who have been involved, the punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. The Defendant committed the instant crime under several similar laws even before three months have passed since the Defendant was in prison due to larceny, etc. and was released from prison.

On the other hand, the Defendant recognized that all of the instant crimes were committed during the trial, and divided the wrongness in depth, compensated for damages, and agreed with the victim.

Other factors favorable or unfavorable to the defendant, including the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. of this case and the reasons for sentencing of the judgment of the court below are compared, and the sentence of the court below is judged to be unfair due to the absence of punishment of the court below.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

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, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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