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(영문) 대전지방법원 2013.12.19 2013노2308

특정범죄가중처벌등에관한법률위반(절도)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

Reasons

Summary of Grounds for Appeal

The sentence of the court below (two years of imprisonment) is too unreasonable.

Judgment

In light of the Criminal Procedure Act and the frequency of crimes, etc. of this case, it is deemed that the court below's punishment is somewhat inappropriate, and considering all the sentencing conditions such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., such as the fact that the defendant has not agreed with the victims, but the confession and reflects each of the crimes of this case, the first crime, and the total amount of each of the damages of this case is not less than KRW 10 million, but the damage amount of each of the crimes of this case is relatively small, and the defendant appears to have resulted in each of the crimes of this case in order to mainly prepare living expenses in light of the details of the use thereof, etc.

In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its reasoning, and the following is ruled again.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, Article 347 (1) of each Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning criminal facts, Article 234 of the Act on the Aggravated Punishment, etc. of Specific Crimes for Which the Election of Specific Crimes is Applicable, Article 329 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, Article 70 (1) 3

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

1. Discretionary mitigation;