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(영문) 대구지방법원 2014.04.18 2014노370
특수절도등
Text

The judgment below

Part concerning Defendant A, G, and H shall be reversed, respectively.

Defendant

A shall be sentenced to one year of imprisonment and a fine of two hundred thousand won.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, B, D, E, F, G (F) and each sentence imposed by the lower court (Defendant A: imprisonment with prison labor for a maximum of one year and two months, a short of one year and one fine; Defendant B: imprisonment with prison labor for a short of one year and one year; imprisonment for a short of one year; Defendant D for a short of ten months; imprisonment for a long term of one year and two months; imprisonment for a short term of one year and one fine; imprisonment for a short term of one year and two years; Defendant E; imprisonment for a short term of one year and two months; imprisonment for a short term of one year and three hundred thousand won; Defendant F; imprisonment for a short term of one year and one year; Defendant G; imprisonment for a short term of one year; Defendant G; and one year for a short term of one; and Defendant H) are excessively unreasonable.

B. Defendant H (the factual misunderstanding of facts and unreasonable sentencing) and Defendant H did not take part in Defendant G and B’s respective special larceny crimes in the lower judgment’s criminal facts.

The sentence of imprisonment (one year of imprisonment) sentenced by the court below is too unreasonable.

2. Determination

A. In addition, Defendant A committed the thief crime of larceny in spite of the fact that Defendant A had had had had had had been subject to juvenile protective disposition twice due to special larceny, etc., and the said Defendant committed the thief without a motorcycle driver’s license and committed an injury against the victim AE by preventing the criminal act of larceny and causing an injury to the victim. It is recognized that Defendant A did not agree with the victims of the instant crime.

However, the frequency of the crime of special larceny of this case is limited to one time, the amount of damage is not significant, the victim AE's injury is not serious, and the defendant is detained for about nine months up to the trial. The above defendant still seems to have a relatively high possibility of improvement and edification as a juvenile. The above defendant has no record of criminal punishment other than juvenile protective disposition, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and other circumstances that form conditions for sentencing, such as punishment for other accomplices.

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