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(영문) 인천지방법원 2017.08.25 2017노1118
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below (1,500,000 won) on the summary of the grounds for appeal is too unreasonable.

2. The judgment that the defendant has a record of being punished as a same crime is disadvantageous to the defendant.

However, the value of stolen objects is about 9,000 won, and other larceny crimes are attempted, and the defendant has agreed to pay 30,000 won exceeding the value of stolen objects to the victim, the defendant's mistake is recognized, the defendant's livelihood is difficult, and family environment is difficult.

In addition to the above circumstances, in light of the records of this case, including the defendant's age, sex, occupation and environment, the background leading to the crime of this case, and the circumstances after the crime, the sentence of the court below that sentenced 1.5 million won of fine is too unreasonable.

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

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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