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(영문) 대구지방법원 2017.02.03 2016노5432

절도미수등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and four months.

A. 6.1 cellphones, seized, accompanied by 6.0

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (a long-term of two years and a short-term of one year and six months, and confiscation) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Prior to the judgment on each of the grounds for appeal by the Defendant and the prosecutor ex officio, the Defendant was K students, and the Defendant was sentenced to an irregular term of imprisonment due to falling under “juvenile” under Article 2 of the Juvenile Act at the time of the judgment of the lower court, but it was apparent that the Defendant did not constitute a juvenile under the age of 19 years at the time of the judgment of the lower court, and thus, the lower judgment that sentenced the Defendant to an irregular term of imprisonment was no longer maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the unlawful arguments of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: (a) the “plan direction” of the court below’s criminal history 3 and 4 as “plan and instruction”; and (b) the addition of “induceives” to “induceives” following the four criminal acts; and (c) it is identical to each corresponding column of the court below’s judgment; and (d) thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 342, 329, and 30 of the Criminal Act (the attempted larceny) of the choice of punishment, Articles 319 (1), and 30 of the Criminal Act (the point of intrusion upon residence) of the Criminal Act, and the choice of imprisonment with prison labor;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed for the attempted larceny with heavier punishment);

1. The so-called “singing” crime on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act leads to a situation in which victims are more difficult by taking advantage of the imminent situation where the victims are economically and socially weak as the subject of major crimes.