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(영문) 광주고등법원 2014.03.13 2013노554

절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 150,000 won.

Defendant. A fine.

Reasons

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (one year of imprisonment, 150,000 won of fine) is too unreasonable.

Judgment

The main reasons for the introduction [whether or not to suspend the execution of sentence] are negative reasons (not less than a five-year period of suspension of the execution of sentence] of the crime of assault against the driver [the person who is a special person] and the factors for mitigation of the punishment according to the sentencing guidelines: assault against the driver [the person who is a special person]: The scope of the punishment [the person who is a special person]: the scope of the punishment of minor injury (the person who is a serious effort to recover damage): the area of special mitigation; the period of imprisonment from five months to two years (the period of suspension of the execution of sentence for not more than five years): The main reasons for the introduction: the negative reason for the introduction of the crime: negative (the decision of the types of larceny) (the case where the driver of an automatic vehicle is a victim at least two times, the case where the driver of the vehicle in operation is a special person] and the general larceny [the decision of the types of mitigation] of the punishment of the person who is not punished [the scope of the punishment]; whether or not the defendant has been sentenced to the punishment of an adverse punishment in the case of the defendant's of the crime of larceny in the case.

On the other hand, the fact that the defendant made a confession of all the facts charged, the fact that the defendant seems to have reached the crime of this case by drinking, the fact that the defendant reached an agreement with the victim F, the degree of injury, and the fact that the thief's damage was returned to the victim without being much severe.