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(영문) 수원지방법원 2018.09.06 2018노3658
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence of the lower court (one year of imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. Although the Defendant had a record of punishment for the same kind of crime, the Defendant re-offending the same method after the lapse of the same repeated crime period, and it is inevitable to make a strict punishment.

However, considering the fact that the defendant reflects the defendant's wrong, the total amount of damage is minor in 80,000 won, the defendant compensated for and agreed on the damage to the victim that occurred in the trial of the party, and other various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, motive, method of crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleadings, on the grounds that the defendant's appeal is reasonable.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions for facts constituting an offense, Article 329 of the Criminal Act for the choice of punishment (a point of intention), Article 347 of the Criminal Act (a point of fraud) (a point of fraud), Article 70 (1) 3 of the Act on Business of Financial Services Specializing in Credit, and each choice of imprisonment with prison labor;

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;

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