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(영문) 서울북부지방법원 2016.01.28 2015노2079
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Victims Nos. 1 and 2 of seized evidence shall be victims.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant (one year and six months of imprisonment) is too unreasonable.

2. Although the defendant had already been punished by the suspension of the execution of imprisonment and imprisonment for the same kind of crime as the crime in this case, the victim D and E committed the crime of larceny and intrusion during the repeated crime period after the execution of the final imprisonment was completed, and the victims of each crime in this case did not receive a letter from the victims due to compensating the victims other than D, agreement with the victims, etc., but the defendants did not receive a letter of favor. However, the defendant was found to have committed the crime in this case in depth after recognizing the errors in all of the victims, and it seems that the degree of damages suffered by the victims were not excessive. Among the victims of each crime in this case, among the victims of each of the crimes in this case, the court below expressed that the victims did not want the punishment of the defendant at the stage of investigation, among the victims of each of the crimes in this case, the victim's name and the victim's family relation was returned to the victims, and the circumstances of each of the crimes in this case, the defendant's age and circumstances in this case, and the sentencing of the defendant were unfair.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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