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(영문) 서울서부지방법원 2014.06.19 2014노447
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence shall be confiscated. Nos. 3, 4, 10, 11 and 12 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is unreasonable.

2. The judgment of the Defendant, even though he had had the history of punishment, including punishment for the same kind of crime, habitually repeated the instant crime; the method and quality of the instant crime are inferior, the amount of damage is considerable; and the agreement or the repayment of damage was not made until the judgment was made; etc., the Defendant should be punished with severe punishment.

However, the court below's punishment is unreasonable in light of all the following factors: (a) the defendant has led to the confession of all crimes and his depth; (b) the crime of this case appears to have resulted from economic difficulties; and (c) the motive and circumstances of the crime of this case, the circumstances after the crime, the degree of punishment against accomplices, the defendant's career, environment, etc.; and (d) various sentencing conditions as shown in the records and arguments, such as the records and arguments.

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 facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 331 (2) and 342 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 333(1) of the Criminal Procedure Act for the Return of Victims;

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