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(영문) 광주지방법원 2017.05.25 2017노1339
상습절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum of six months and a short of four months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment with prison labor, one year of short term, eight months) is too unreasonable.

2. The fact that the Defendant repeatedly committed the instant crime even though he/she was in a criminal trial for the same kind of crime, the frequency of the instant crime, and the fact that he/she did not compensate for damages up to now, and that he/she received juvenile protection disposition several times due to the same crime is disadvantageous to

However, on February 17, 2017, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and six months for special larceny, etc. at the Gwangju District Court sentenced to a short term of one year and one year on May 17, 2017, and dismissed the appeal on May 17, 2017. The Defendant is still a juvenile who has yet to be punished; the Defendant recognizes and reflects the instant crime; and considering the criminal facts and sentences of the said judgment and the criminal facts of the instant case, the sentence of the lower court is somewhat

The decision is judged.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 332, 329, and 330 of the Criminal Act concerning the choice of punishment (the point of habitual larceny), Article 347(1) (the point of fraud, the choice of imprisonment), Article 70(1)3 (the point of using stolen credit cards, the choice of imprisonment with prison labor) of the Criminal Act concerning each credit specialized financial business, Articles 352 and 347(1) (the point of attempted fraud, and the choice of imprisonment with prison labor) of the Criminal Act;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

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 2 and 60 (1) of the Juvenile Act in an irregular manner;

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