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(영문) 서울중앙지방법원 2019.02.14 2018노3416
절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor of one year and four months and a fine of one million won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months and fines for one million won) that the court below sentenced to the defendant is too unreasonable.

2. Although the Defendant had been punished for larceny in the past four times, the Defendant repeated the larceny crime over 45 times by the same law for about three years, and the damage from each of the crimes of this case is considerably large and has not yet been recovered from many victims, etc. are disadvantageous to the Defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant fully recognized the facts of the crime, the fact that some thefts were returned, the victim 2V and BH agreed with 10 of the victims in the original trial, and the fact that the victims did not want the punishment of the defendant, and the situation where the victims should support their families, etc., and other conditions of punishment that are favorable to the defendant, such as the defendant's age, character and behavior, environment, circumstances and results of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

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.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of 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. Article 329 of the Criminal Act concerning the facts constituting the crime;

1. In case of larceny (2018, 1894, 2018, 2010, 1894) against an alternative victim BD, a fine shall be imposed; and in case of

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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