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(영문) 서울동부지방법원 2013.07.31 2013노381
절도등
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (the fine of KRW 3,00,000) imposed by the court below against the defendant is too unreasonable.

2. The judgment of the court below is inappropriate in light of the circumstances that are favorable to the defendant, such as the motive and background leading to the crime of this case, the situation before and after the crime, the defendant's age, character, environment, occupation, family relation, etc., although there are circumstances unfavorable to the defendant, such as the fact that the defendant committed the crime of theft of another person's credit card and the crime of defraudation of property, and that the damage therefrom is not recovered, the total amount of the crime is recognized, the damage caused by the crime is not large, and there is no criminal history beyond the fine, and the defendant was sentenced to a disposition of suspension of indictment once, and there is no history of committing the same kind of crime as in this case. The defendant was used as cerebrovassis after the crime of this case, and suffered from aftermath, such as liver, verbal disorder, and chronic disorder, and the fact that economic aspect is difficult, and other factors that are favorable to the defendant.

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.

Criminal facts

Criminal facts and the summary of the evidence recognized by the court as stated in this judgment are subject to 1.B. of the judgment below.

With the exception that the phrase “as of March 20, 2010:05:29” referred to in paragraph (1) is “as of March 30, 2010:05:29”, it is identical as stated in each corresponding column of the lower judgment, and therefore, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act selection of punishment, and theft credit cards under Article 70 (1) 3 of the Specialized Credit Financial Business Act;

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