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(영문) 대전지방법원 2015.08.21 2015노2249
절도미수등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentencing of the court below (4 months of imprisonment) is too unreasonable.

2. Determination

A. In light of the fact that the crime of this case committed the crime of this case committed the crime of this case four times, where the defendant stolens the victims' articles or embezzled possession of stolen objects, and some victims want to be punished by the defendant, and the defendant committed the crime of this case while five times or more (4 times or more of fine and one time of suspended execution), it is necessary to strictly punish the defendant.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant was not subject to the sentence, and all of the crimes were led to the confession, most of the damaged things were recovered, and the Victim Home Pooms Co., Ltd. and the Victim PJ do not want the punishment of the Defendant, and the Defendant supports his wife, his or her offspring, his or her father, his or her middle school student, and his or her

In addition, considering all the factors of sentencing indicated in the records of this case, such as the defendant's age, living environment, details and result of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Articles 322 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 360 (1) of the Criminal Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment and concurrent crimes committed by larceny as of April 24, 2015, the most severe punishment and concurrent crimes committed)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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