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(영문) 서울서부지방법원 2017.08.17 2017노407
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Evidence of seizure Nos. 4 through 19, together with evidence.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (three years and six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant repeated the instant crime during the period of repeated crime even though the Defendant had been sentenced several times due to the same criminal record, and the instant crime was committed by the Defendant alone or together with D, and not equipped with CCTVs across the country, such as Daejeon, Busan, Ulsan, Seoul, etc., and attempted to larceny or larceny of precious metals, etc., by using a professional tool for a house vulnerable to security because CCTVs are not installed. It is very planned and defective, the content of the relevant crime and the method of the crime are interviewed and defective, and the Defendant’s total value of the stolen goods was 1,772,00 won, which is disadvantageous to the Defendant.

However, in light of the sentencing conditions in the instant case, such as the Defendant’s age, sexual conduct, environment, background leading up to the commission of the crime, circumstances after the commission of the crime, etc., the lower court’s punishment is somewhat unreasonable and unfair, and thus, the Defendant’s allegation of the above unfair sentencing is justifiable.

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, and the judgment below is reversed and it is again decided as follows

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment concerning the facts constituting an offense: 【2016 Height 2647】 Each criminal law.

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