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(영문) 수원지방법원 2019.02.13 2018노7993
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. In light of the circumstances, details, etc. of each of the instant crimes, there is no good quality of such crimes, the record of punishment for the same type of crime, and the fact that there is a victim who did not agree, etc., that there is a crime of this case during the repeated crime period due to this type of crime, etc. However, there are circumstances favorable to the Defendant, on the other hand, that the Defendant reflects the crime, and that some victims do not want the punishment of the Defendant over the lower

Considering the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s occupation, family relation, age, character and conduct, environment, motive of crime, means and consequence of crime, the sentence of the lower court is deemed unreasonable.

Therefore, the defendant's above assertion is justified.

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.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act, Article 34 of the Criminal Act, Article 237 (1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, each of the choice of punishment for the crime;

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

1. Of concurrent crimes, taking into account the various circumstances examined in the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act and paragraph (2) of the same Article;

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