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(영문) 제주지방법원 2015.01.29 2014노670
절도등
Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Although the nature of the instant crime is heavy in light of the method, frequency, and amount of deception, etc. of the instant crime, the lower court’s punishment is somewhat unreasonable in view of the following factors: (a) the Defendant has led to the confession of all the instant crimes; (b) there are changes in circumstances, such as agreement with the victim C at the time of the trial; (c) there is no record of the crime; and (d) other character and conduct of the Defendant, the background of the instant crime, and the circumstances before and after the instant crime.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.

[Dao-written judgment] Criminal facts and the summary of evidence recognized by this court and the summary of evidence are cited in accordance with Article 369 of the Criminal Procedure Act, except where "defendants" at the last stage of the judgment of the court below as "victims" is the same as the corresponding columns of the judgment of the court below.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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