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(영문) 수원지방법원 2019.11.28 2019노5621
절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized transportation card (No. 1), ..

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (two years of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. We examine the above arguments by the Defendant and the Prosecutor.

The crime of this case is a theft of the sum of KRW 4,23.60,00,000, which was put by seven victims into a goods storage box, etc. by participating in the crime of this case as a cash collection measure by the Defendant, and the nature of the crime is very poor in light of the applicable law and content of the crime. The crime of Bosing is a secret and planned crime, and it is difficult to crack down because the scope of damage is not differentiated and planned and the scope of damage is not easy to recover from damage, and the crime of this case is in a structural aspect that is not easy to recover damage, and thus, it is necessary to punish the Defendant strictly. The Defendant is deemed to have entered the Republic of Korea to restrain the crime of this case, and the victims’ damage has not been recovered.

However, in full view of the following factors: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) the Defendant did not have any benefit acquired by the instant crime; (c) the Defendant actively cooperates in the investigation after the arrest of the Defendant; (d) the equity in sentencing with the same or similar incidents; and (e) the Defendant’s age, career, character and conduct, environment, motive, means and consequence of the instant crime; and (e) other various sentencing conditions shown in the pleadings of the instant case, such as the circumstances after the commission of the crime

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding part of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

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