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(영문) 서울중앙지방법원 2013.09.12 2013노1787
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and imprisonment with labor for two years and six months) imposed by the court below is too unreasonable.

2. As to the grounds for appeal, the Defendant committed each crime described in the facts charged with the reliance of the employer or friendly relationship and committed each crime, not only the frequency of the crimes but also the amount of damage.

In addition, since there have been a lot of time after the crime of this case and the damage has not been repaid properly, it is inevitable to sentence a sentence of punishment for a considerable period of time against the defendant.

However, on the other hand, there are extenuating circumstances, such as the fact that the defendant's mistake is recognized and is against depth, that the defendant has no record of being punished for the same kind of crime except for the punishment of a fine as a crime of fraud, and that the defendant must support the her aged child. In full view of various circumstances, such as the defendant's age, character, character, environment, motive, circumstance, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is somewhat unreasonable, and therefore the defendant's argument is reasonable.

3. In conclusion, 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.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column 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 legal provisions concerning criminal facts and the larceny of the choice of punishment: Fraud under Article 329 of each Criminal Act: Operation of vehicles which are not obliged to mandatory insurance under Article 347(1) of each Criminal Act: Articles 46(2) and 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 11369, Feb. 22, 2012).

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