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(영문) 서울남부지방법원 2015.06.25 2015노502
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months) is too unreasonable.

2. Considering the various sentencing conditions in the records and arguments of this case, the sentence imposed by the court below is too unreasonable, considering the following: (a) the defendant has reached an agreement with the victim C when it comes to the trial; and (b) the defendant shows an attitude against the victim E in favor of the victim; and (c) the convenience store operated by the victim E is no longer found.

3. As such, the defendant's appeal on the ground of unfair sentencing is justified, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act, and it is decided as follows through pleading.

[Dao-written judgment] The summary of criminal facts and evidence recognized by this court is identical to the corresponding column of the judgment of the court below, except where "C" at the last page of the judgment of the court below is deemed as "E". Thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

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