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(영문) 서울중앙지방법원 2019.01.17 2018노3008
절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of four million won) imposed by the lower court is too uneased and unreasonable.

2. The judgment is based on the following: (a) the defendant recognized the crime of this case and against the wrongness of the defendant; (b) the damage caused by the crime of this case is not significant; (c) the damage was immediately returned to the victim; (d) the victim did not want to be punished; and (d) the defendant's friendly disorder was likely to have influenced the crime of this case; (c) the defendant is currently under mental treatment and efforts to prevent recidivism in the future; and (d) the defendant reported her husband with the first degree disability of cerebral 1 together with 2 children, and there is a clear social relationship with the defendant.

However, there are many kinds of records that the defendant was subject to criminal punishment for the same type of larceny, and in particular, on December 14, 2017, the Seoul Central District Court sentenced one year of suspended sentence to four months of imprisonment with prison labor for larceny, which became final and conclusive on December 22, 2017, and continuously repeated the same kind of crime even though the judgment is still under suspended execution, there are circumstances unfavorable to the defendant, such as the defendant's age, character and conduct, means and consequence of the crime, and the conditions of various sentencing as shown in the records and arguments of this case, such as the defendant's age, character and conduct, circumstances after the crime, etc., the prosecutor's above assertion is reasonable.

3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

【Reasons for the Judgment of the Supreme Court 【The Facts constituting a crime and the summary of the evidence recognized by the court 】 The summary of the facts constituting a crime and the evidence are the same as the entries of each corresponding column of the judgment of the court below.

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