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(영문) 의정부지방법원 2015.04.29 2015노713
절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In full view of all the sentencing conditions, including the circumstances and result of the instant crime including, but not limited to, the fact that the Defendant had a majority of criminal records identical to the Defendant, and the Defendant committed again during the period of repeated crime due to the crimes of the same kind and method, the amount of damage of this case is not so much, but the amount of damage of this case was immediately returned at the site, and the Defendant’s health status is not good, and the circumstances after the commission of the crime are too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the severe penalty for a crime on October 23, 2014), among concurrent crimes (the aggravation of concurrent crimes with the punishment prescribed for larceny due to a crime on October 23, 2014);

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