(영문) 의정부지방법원 2015.11.03 2015노2355

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(영문) 의정부지방법원 2015.11.03 2015노2355

상습절도

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

Seized evidence 1 to 3 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, confiscation) of the lower court is too unreasonable.

2. Determination

A. The Defendant, using the Raber, etc. prepared in advance over 22 occasions, committed a theft or attempted to steals money in a franchise exchange instrument established in a large retailer. The Defendant is acknowledged as having a record of having been punished several times for crimes, such as theft, fraud, embezzlement, etc. (in fact, two times of suspension of execution, two times of fines, three times of fines).

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of each of the instant offenses; (b) the amount of the stolen money by the Defendant is relatively small; (c) 400,000 won in each of the instant offenses; (d) 300,000 won in each of the instant offenses against the Victim Esti Co., Ltd. (attached Table 14, 15, 17, and 18 in the original judgment); (c) 3, 4, 6, 10,100 won in each of the instant offenses against the Victim Usti Co., Ltd. (attached Table 2, 3, 4, 6, 10, 12 in the original judgment); and (d) the Defendant’s age, circumstances leading to the commission of the offense; and (e) other various circumstances, which are the conditions for sentencing specified in the pleadings of the instant case, the sentence imposed by the lower court is somewhat unreasonable.

C. Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: each victim of the "victim" column 2, 3, 4, 6, 10, and 12 attached Table Nos. 2, 2, 4, 6, 10, and 12 of the facts charged in the judgment of the court below, and No. 14, 15, 17, and 18 of the "victim" column as the "Co. Ltd. S. S. Es. Es. Es. k." and the "victim" column 5, 9, 16, and 22

참조조문

-형사소송법 제364조 제6항

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