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(영문) 의정부지방법원 2016.10.27 2016노2320
절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The Defendant’s thief crime is highly likely to lead to other organized crimes using the cell phone camera, and thus, there is a risk that the value of the pertinent property could not be converted simply into the value of the relevant property, and that the Defendant could have sufficiently anticipated such risk, and the nature and circumstances of the crime are not good.

However, the defendant repaid the total amount of damage corresponding to the value of objective property to the damaged company.

The crime of this case appears to have been led by D, and the defendant seems to have participated in the crime of this case according to D's proposal.

The defendant is a first offender, is going to enter into a marriage, and seems to seriously reflect his fault.

In light of the above circumstances and the defendant's age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the arguments in the instant case, and the scope of recommended sentences according to the sentencing guidelines established by the Supreme Court Sentencing Committee (the scope of recommending punishment from June to January 1), / [the scope of recommending punishment] the basic area (one to one year and six months) of theft against general property (one to one year and six months), etc., it is determined that the court below's sentence against the defendant is inappropriate because it is somewhat inappropriate.

Therefore, the defendant's argument is justified.

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.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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