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(영문) 인천지방법원 2014.04.18 2014노69
특수절도등
Text

The judgment below

The part, excluding the rejection of compensation order, shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and four months of imprisonment) is too unreasonable.

2. The crime of this case, which committed the crime of this case, is not less than 10 times more than 10 times in combination with D as a similar method, and obtained stolen goods after having D stolen goods. However, in full view of the favorable circumstances, such as the fact that victim X does not want punishment against the defendant, and that the defendant recognized his mistake and is living in the future, the defendant's age, character and behavior, environment, motive or circumstance of the crime, means and consequence, the circumstances after the crime, and criminal records, etc., it is recognized that the sentence imposed by the court below 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 evidence and the criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in each corresponding column in the holding of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Articles 331(2) and (1) of the Criminal Act (a) (a point of multiple larceny), Articles 330, 31(1) (a point of a thief) of the Criminal Act, Articles 331(1), 331(1) (a point of a thief) of the Criminal Act, Articles 342, 330, and 31(1) of the Criminal Act (a point of a thief) of each of the Criminal Act, Articles 342, 331(1), and 31(1) (a) of the Criminal Act, Articles 342, 331(1), and 31(1) (a) of the Criminal Act, Articles 329, and 321(1) (a) (a point of a thief teacher, choice of a thief), Article 362(1) (a) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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