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(영문) 서울북부지방법원 2015.07.28 2015노926
절도등
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this shall not apply.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (one hundred months of imprisonment and confiscation) imposed by the court below against the defendant is too unreasonable.

2. The judgment of the court below is justified in light of the following: although the defendant was punished twice for the same kind of crime as the crime of this case, although the defendant was sentenced to the punishment of fines, the defendant was able to have committed a misunderstanding in depth, and the defendant was living under confinement for not more than four months due to each crime of this case; the court below reimbursed 2 million won to the victim I of each of the larceny of this case; and the victim I and the victim I expressed their intent that the above victim would not want the punishment of the defendant; among the thiefs of each of the larceny of this case, the rest of the thief of each of the thief of this case other than squerels will not want the punishment of the defendant; the victim E, D, and F were returned to each of the thief of this case; the damage caused by each of the crimes of this case could not be relatively more severe; the defendant's motive and background leading up to each of the crimes of this case, the defendant's age before and after each of the crimes of this case;

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the facts charged and the evidence admitted by the court is as follows: (a) except the correction of the "rogate" in the No. 2 of the attached Table 1 of the crime committed by the court below as "rogate" in the annexed Table 1 of the crime committed by the court below, since it is the same as the corresponding column of the court below's judgment. Thus, it

Application of Statutes

1. Relevant Article 329 of the Criminal Act concerning facts constituting a crime and Article 329 of the choice of punishment;

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