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(영문) 서울남부지방법원 2017.09.21 2017노1126
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized Addimerus(s)(s) shall be colored.

Reasons

1. In light of the gist of the grounds for appeal, the punishment imposed by the court below (two years of imprisonment) is too unreasonable, in light of the fact that the defendant lives together with his/her living together with his/her life and that he/she cooperates in and reflects with the investigation.

2. The judgment that the Defendant was already sentenced to several times of larceny and was sentenced to imprisonment for 8 months with prison labor for larceny on July 24, 2016, and was sentenced to a prison term of 7 months on July 24, 2016 is disadvantageous to the Defendant.

However, if the defendant entered a parking lot and opened a door, and there is a vehicle which has been opened, the defendant committed the crime of this case 44 times on March 13, 2017 by using the water method from the object and 44 times on March 26, 2017, the defendant committed the crime of this case 5 times, and the remaining 39 times, and the remaining 39 times, were attempted, and the amount of damage was not much 2,920,000 won, the defendant's improper economic situation, confession and reflects, the defendant's age, sexual behavior, environment, motive for the crime of this case, etc. are considered to be unfair by taking into account various sentencing conditions shown in the argument of this case, such as the defendant's age, sexual behavior, motive for the crime of this case.

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

【Re-written judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act (Aggravated Punishment, etc. of Specific Crimes), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Article 53 of the Criminal Act for mitigation of amount;

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