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(영문) 창원지방법원 2020.09.11 2020노1356
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (defendants) of the lower court’s punishment (one year and three months of imprisonment) is too unreasonable.

2. The judgment is an unfavorable circumstance, such as the following: (a) the Defendant stolen another’s property from a mobile phone agency, soup making soup and PC bank, etc. over several occasions; and (b) defrauded about KRW 24 million by deceiving the scam; (c) the damage to a part of the larceny was not recovered; (d) the Defendant escaped without attending the court at the court on December 14, 2018 at the court below for more than one year after attending the court on December 14, 2018; (b) the Defendant committed the crime of 2020 Godan931; and (c) the Defendant was punished for

On the other hand, the court below agreed with the victim D and J of the larceny crime, and the above victim did not want to be punished against the defendant in agreement with the victim of the larceny crime in the court below, the part of the victim G of the larceny crime was recovered at the investigation stage, the defendant actively cooperates in the investigation, the defendant's parents actively cooperate with the investigation, the defendant's health is not good, the defendant's family environment is poor, and the record of criminal punishment for larceny is only one time of fine.

In full view of these circumstances, all of the sentencing conditions and the scope of the recommended punishment according to the sentencing guidelines as shown in the instant argument, the lower court’s punishment is deemed to be too unreasonable.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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