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(영문) 서울동부지방법원 2017.08.25 2017노822
특수절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of eight months imprisonment with prison labor, which the court below decided against the defendant, is too unreasonable.

2. The crime of this case committed by the Defendant and C committed a theft of property by infringing upon another person’s residence by dividing it into one’s own roles, and the nature of the crime was poor in light of the method of the crime, the frequency of the crime was reached eight times, the amount of damage was not specified, and the amount was not received from some victims, etc. are disadvantageous to the Defendant.

However, in full view of all the circumstances favorable to the defendant, such as the confession and reflection of the defendant, the fact that the five victims from among the eight larceny crimes in the original instance and the trial, have been agreed upon, and the victims do not want the punishment of the defendant, etc., the circumstances favorable to the defendant, including the defendant's age, career, sexual conduct, etc., the lower court's punishment seems to be somewhat unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-use of the judgment] The summary of the facts charged and evidence against the defendant recognized by this court is identical to that 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. Article 331(2), Article 331(1) (a) of the Criminal Act (a point of each special larceny), Articles 342 and 331(2) (a point of each special larceny) of the same Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The consideration of the favorable circumstances as seen in the above reversal ground);

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

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