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(영문) 부산지방법원 2013.06.27 2013노1079
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (one year of imprisonment, and the return of victim) is too unreasonable.

Judgment

In light of the following circumstances: (a) the Defendant committed the instant crime several times under the same law; (b) the Defendant was arrested under a warrant of arrest on November 21, 2012 and released after being investigated by an investigation agency on November 21, 2012; (c) the Defendant committed the same crime several times; (d) the Defendant committed the instant crime, which was unfavorable to the Defendant; (c) the Defendant committed a profoundly against the Defendant during the period of seven months of detention; and (d) the damaged goods were returned to some victims; (d) the Defendant agreed in the first instance trial with Q Q, Z; (e) the Defendant did not have any record of criminal punishment except for punishment by larceny; and (e) the Defendant did not have any record of criminal punishment except for punishment by a fine imposed once due to larceny; and (e) other various circumstances, such as the motive and circumstances leading up to the instant crime; (e) the Defendant’s age, character and conduct, etc., the Defendant’s age, and environment, the sentencing of the lower court is somewhat unreasonable.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 329 and 347 (1) of the Criminal Act (Fraud point and choice of imprisonment) of the Criminal Act concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the defendant among the grounds for reversal in the front);

1. Article 333 (1) of the Criminal Procedure Act for return of victims;

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