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(영문) 수원지방법원 2016.09.22 2016노4525
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The sentence imposed by the court below (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant committed a thief crime, such as theft of money and valuables parked in a parked vehicle, and was sentenced seven times to a sentence, and had the record of criminal punishment several times. The defendant committed the crime of this case under the same veterinary act repeatedly even during the period of repeated offense for which five days have passed since the release, and even until the victims have not yet been recovered from the damage.

However, considering the favorable circumstances, such as the fact that the Defendant fully recognized the instant crime, the Defendant appears to have committed the instant crime due to difficulties in living due to difficulties, such as leaving the Defendant after release, and the total amount of damage to the instant crime is not relatively large compared to the frequency of the instant crime, comprehensively taking into account the sentencing conditions such as the Defendant’s age, sexual behavior, environment, and family relationship, the sentence imposed by the lower court is too unreasonable.

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, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are as follows: " March 7, 2009" of the criminal records No. 3 of the judgment of the court below as " March 7, 2009"; "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" in No. 2 of the judgment of the court below as "an attempted to larceny"; and "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)" in No. 5 of the sentence No. 2 of the judgment of the court below is as stated in the corresponding column of the judgment of the court below, except for the alteration to one another, in accordance with Article 369 of the Criminal Procedure Act.

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