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(영문) 서울중앙지방법원 2020.12.24 2020노3193
절도
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15 million.

The above fine shall not be paid by the defendant.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have stolen another person's goods displayed in car page or store three times, and the quality of the crime is not good, and the defendant committed the crime of this case more than seven times in the same kind of theft (one time, two times of suspended execution, and four times of fine). Furthermore, considering the circumstances unfavorable to the defendant, such as the fact that the defendant committed the crime of this case not only during the same repeated crime period, but rather, during the same period, he committed the crime of this case. Meanwhile, unlike the judgment of the court below, the defendant recognized the crime of this case as to some of the crimes differently from the judgment of the court below, and compensate the victim's I management for the entire damages (the damage is large in size among the crimes of this case). Ultimately, considering the fact that the whole damages of this case were compensated by the defendant (the victim C and G already agreed with the victim, and these victims do not want the punishment of the defendant), the defendant's property and income amount of the stolen goods of this case, and the defendant's motive or motive to prevent the recurrence of the crime of this case is relatively unfair.

3. If so, the defendant's appeal is reasonable. Thus, Article 364 of the Criminal Procedure Act is applicable.

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