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(영문) 춘천지방법원 2018.09.21 2018노478
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The judgment of the Defendant, who was sentenced to one year of imprisonment for habitual larceny on April 8, 2016 and was sentenced to three months after the completion of the execution of the sentence on February 27, 2017, began to commit the instant crime and each of the instant crimes was committed during the period of repeated crime, despite the Defendant’s past record of having been sentenced several times of punishment for the same kind of criminal offense, is deemed to have high risk of recidivism in the instant crime. In the case of larceny, the crime is not good in terms of the method of committing the instant crime, such as taking the stolen goods from an empty store at night or using the credit card after theft. The fact that there is no agreement with the victim C and other victims, other than the victim, is unfavorable.

However, it appears that the defendant recognized the crime of this case and reflected against the victim C, and the victim victim C and M did not want to be punished by the defendant, the damage of the victims seems to have been relatively minor since most of the damaged goods did not have high value due to food, water shoot, tobacco, physical exerciseization, relatively small cash, etc., and the damage of the victims seems to have reached the crime of this case is relatively minor due to the financial circumstances that the defendant difficult to find, and it seems that the disease is not good due to urology, and other circumstances shown in the records and arguments, such as the defendant's age, sexual behavior, environment, circumstances leading to the crime, and circumstances after the crime, etc., are inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column of the judgment below.

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