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(영문) 수원지방법원 2016.09.08 2016노2773
상습절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case committed by the Defendant, along with his accomplices, steals high-priced clothes in the department store or acquired them at the intermittent value despite being aware that they were stolen stolen stolen stolen goods, and is not good to the nature of the crime. The Defendant had a record of criminal punishment on several occasions, including two times of punishment for the larceny crime in the past, two times of suspended sentence of imprisonment, and two times of suspended sentence of imprisonment, and the Defendant again committed the crime of this case during the suspended sentence of one year and six months, and three years of suspended sentence on January 6, 201, even though he was sentenced to imprisonment for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny). The Defendant committed the crime of this case during the suspended sentence of three years, and upon the commencement of the investigation into the crime of this case, the Defendant escaped

However, the crime of this case is found to have been committed by the Defendant after the Defendant surrenders himself to the investigative agency, and the crime of this case seems to have been led by the Defendant, the Defendant appears to have been involved in the crime of this case, and the degree of participation in the crime is minor. Among the victims of the thief crime of this case, H prepared a written agreement that he does not want the punishment of this D, among the victims of the thief crime of this case, damaged by the above D, contributed goods worth KRW 20 million to welfare facilities for the disabled in the sense that the Defendant's mistake is divided, which contributed goods worth KRW 71,000,000 to the Defendant's age and health conditions, and is somewhat little better, considering the favorable circumstances such as the Defendant's children's personality, behavior, environment, family relationship, etc., it is determined that the punishment imposed by the court below is too inappropriate.

3. In conclusion, the defendant's appeal is reasonable. Thus, Article 364 (6) of the Criminal Procedure Act is applicable.

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