beta
(영문) 대구지방법원 2014.07.04 2014노1399

특정범죄가중처벌등에관한법률위반(절도)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The judgment has a record of 10 times of punishment for the same crime (one time of suspended sentence and nine times of imprisonment), the defendant was sentenced to imprisonment for the same crime (eight months of imprisonment) and committed each of the crimes of this case during the period of repeated crime without being informed of the offender after being released from the prison, and the scope of the recommended sentencing guidelines of the Supreme Court for each of the crimes of this case has been two to four years. However, although the defendant confessions each of the crimes of this case and reflects each of the crimes of this case, the defendant has reached an agreement with the victims (D and G). In the case of paragraphs (1) and (3) of the judgment of the court below, the defendant's age, character and behavior, environment, motive, method, result, etc. of the crime of this case are considered to have been committed, and the defendant's argument that the sentencing of this case is unfair after examining all of the circumstances after the crime of this case.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4(5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4(5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act (the point of attempted larceny and the choice of limited imprisonment) regarding criminal facts.