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(영문) 전주지방법원 2015.06.05 2015노349
절도등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor of one year and two months and by a fine of three hundred thousand won.

The above fine shall be imposed on the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and two months of imprisonment, and a fine of three hundred thousand won) is too unreasonable.

2. The instant crime appears to have been committed by the Defendant on several occasions due to the larceny, but the Defendant has been subject to a disposition of juvenile protective disposition and suspension of indictment on more than ten occasions, and the Defendant is likely to have been punished for the larceny of more than ten times, and the use of the stolen credit card due to its poor nature.

On the other hand, however, the fact that the defendant led to the confession of the crime of this case and reflects the mistake, the defendant made an agreement with the victim M,O, AV, and AS at the court below and made a deposit for the victim M, D, G, Q, AE, and AD, and made efforts to recover the victims' damage by agreement with the victim N, AW, and BA during the trial, and the defendant suffered mental disorders such as lack of due diligence, and all other sentencing conditions such as the defendant's age, character and behavior, family environment are considered unfair.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement 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 criminal facts, Article 329 of the Criminal Act, Article 331(2) and (1) of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (in the case of fraud, Article 30 of the Criminal Act should be added, Article 70(1)3 of the Specialized Credit Finance Business Act should be added, Article 30 of the Criminal Act should be added, Article 70(1)3 of the Specialized Credit Finance Business Act should be applied, and each credit card is used.

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