2014No1242 Special larceny, thief, and Violation of the Road Traffic Act (Non-licensed Driving)

A

Defendant

Pump (prosecutions) and best court (public trial)

Attorney AG (National Ship)

Suwon District Court Decision 2014Ma541 decided May 29, 2014

August 21, 2014

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of eight months or less and a short term of six months.

1. Summary of grounds for appeal;

The punishment sentenced by the court below (one year of imprisonment, one year of short term, eight months) is too unreasonable.

2. Determination

In light of the fact that the defendant was issued a disposition to protect juveniles by committing the same kind of crime, and that the defendant committed the same kind of crime without being aware of it during the suspension period even though he/she was sentenced to a suspended sentence of one year and six months on January 23, 2014 due to special larceny, etc., the sentence to the defendant is inevitable.

However, in full view of all other circumstances, including the Defendant’s age juvenile, the Defendant agreed to some victims at the lower court, and the Defendant’s temporary return of the stolen vehicle of this case, etc., and the Defendant’s aforementioned assertion is reasonable, since the Defendant’s punishment imposed by the lower court is somewhat unreasonable, given that it is deemed that the Defendant’s imprisonment with prison labor for which the said suspended sentence is invalidated or revoked after the judgment becomes final and conclusive is deemed to have to be additionally reinstated for one year and six months, and that the Defendant’s character and conduct and environment, the background and consequence of each of the instant crimes, and the circumstances after the commission of the crime, and the sentencing conditions specified in the arguments and arguments.

3. Conclusion

Therefore, since the defendant's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts and summary of evidence

The summary of the facts constituting an offense and evidence recognized by this court is the same as each of the judgments of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

Articles 331(2) and 331(1) of the Criminal Act (the point of special larceny), 329 of the Criminal Act (the point of larceny, the choice of imprisonment), 152 Subparag. 1, and 43 of the Road Traffic Act (the point of driving without a license, the choice of imprisonment)

1. Mitigation of juvenile offenses;

Articles 2 and 60(2) of the Juvenile Act, Article 55(1)3 and 1. Heavy Crimes

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Illegal punishment;

Articles 2 and 60(1) of the Juvenile Act

The presiding judge, appointed judge;

Judges Lee Sung-sung

Judges