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(영문) 서울남부지방법원 2017.02.16 2016노2115
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The summary of the grounds for appeal has been receiving treatment for mental disease and alcohol addiction for not less than 10 years, and each of the instant crimes also led to the occurrence of mental problems in the state of being committed.

The defendant sent to the defendant with only one male's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son.

After the Defendant was faced with the theft crime in his living environment, the Defendant committed a thief, which was unable to control his own behavior due to mental illness and alcohol addiction. The Defendant considered the wrong and attempted not to repeat the crime absolutely in the future.

Considering these circumstances, the defendant requested to be able to be able to be able to be able to be able to be able to be able to the maximum.

2. In full view of the circumstances of the Defendant’s age, family relation, sex, career, environment, the circumstances and consequence of the crime, the circumstances after the crime, and the criminal experience, etc., the sentence imposed by the lower court is somewhat inappropriate and unfair. Thus, the argument of the sentencing is with merit.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Judgment to be used again] The summary of facts constituting an offense and evidence recognized by the court is identical to the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Articles 329 and 319 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes.

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