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(영문) 춘천지방법원 2017.12.20 2017노927
절도등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The lower court rendered a judgment dismissing the prosecution on the ground that the victim withdraws his wish to punish the Defendant after the prosecution of this case regarding the part concerning the crime of assault among the facts charged of this case.

In this case where the defendant and the prosecutor filed an appeal only for the guilty part, the dismissal part of the public prosecution has become final and conclusive, and only the guilty part of the judgment below is subject to the party members' judgment

2. Summary of reasons for appeal;

A. The prosecutor’s sentence of the lower court (one year of imprisonment) is too unhued and unfair.

B. The lower court’s punishment is too unreasonable.

3. The judgment of the Defendant recognized all the criminal facts of this case. The fact that the Defendant agreed with the victim of larceny and intrusion upon residence and paid the agreed amount of KRW 20 million, all the drinking value, which is the amount of damage caused by fraud, was paid, and the victim of fraud and business did not want punishment against the Defendant. The amount of damage caused by the crime of property damage is a small amount of KRW 30,000,000,000,000,000 won, which was agreed with the victim in the first instance, and the Defendant appears to be favorable to the Defendant by recognizing all

However, as for the instant crime, the so-called “thieves thieves” like the instant crime means: (a) having an unspecified victim take a phone to a police officer or staff member of the Financial Supervisory Service, by misrepresenting the victim to withdraw cash, and have the victim keep it in the cooling house; and (b) having the victim take money stored in the cooling house and in the cooling house; (c) in order to prevent the occurrence of a decent crime, the social harm is very large and leading and pushedly, and to prevent the occurrence of a decent crime, serious punishment is necessary; and (d) the Defendant promised to appoint a lawyer as the “Intermediate liability” of the thies thieves; and (e) having no criminal history.

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