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(영문) 인천지방법원 2014.10.17 2014노2895
특수절도
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 sentence imposed by the court below against the defendant in the summary of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. In light of the fact that the criminal defendant committed the crime of this case in a secret and planned manner with his accomplices and that the nature of the crime of this case was very poor, and that the criminal defendant committed the crime repeatedly, the judgment should be punished strictly.

However, in full view of all the circumstances, including the fact that the defendant recognized all of the crimes in this case, the degree of participation in the crime in this case is minor compared to other accomplices, the amount of damage incurred by the crime in this case is not large, and the amount of profit acquired by the defendant is not expected to be large, the co-offenders agreed smoothly with the victims during the trial process, there is no same criminal history, and there is only the criminal history of fines, the sentence of the accomplices, the character and conduct, environment, relationship with the victims, the motive and means of the crime in this case, the motive and means of the crime in this case, the circumstances after the crime in this case, etc., it is recognized that the punishment imposed by the court below against the defendant is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts and evidence admitted by the court is as follows, except for adding "1. The defendant's oral statement" to the summary of the evidence, since it is identical to each corresponding part of the judgment of the court below, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 331(2) and (1) and 30 of the Criminal Act concerning the facts constituting an offense;

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

1. Discretionary mitigation is advantageous to the above reasons for reversal under Articles 53 and 55(1)3 of the Criminal Act.

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