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(영문) 부산지방법원 2016.09.02 2016노2568
절도등
Text

The judgment below

The remainder, excluding the part of the application for compensation order, shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal is too heavy or unreasonable;

2. It is recognized that the Defendant recognized the crime of this case as one of the crimes of this case and reflects the mistake, and that part of the damaged goods was temporarily returned, and that the Defendant has no record of criminal punishment other than those subject to punishment twice as a fine.

However, the crime of this case was committed on two occasions by the defendant while driving precious metal as a customer, thefting precious metal amounting to KRW 7,350,000,00 in total, and due to negligence while driving a rocketing car not covered by mandatory insurance, causing injury to the victim in need of 4 weeks of medical treatment, and at the same time, damaging the above Cost Sheet vehicle at KRW 1,407,096. Three cell phones were cut off from the sobry to the sobry, and it was impossible to deliver the notice of convening the training of homeland reserve forces without justifiable grounds. In light of the contents and methods of the crime, the number of crimes, the number of victims, and the amount of damage, etc., the defendant was found to have committed an act of larceny by making so that it was extremely heavy, and the defendant was not prosecuted on December 14, 2015, and the circumstances and records of the crime committed by the defendant, which led to the death of the victim and the punishment of the defendant before and after the second instance on February 26, 2016.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the appeal is followed again.

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