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(영문) 대전지방법원 2020.09.23 2020노2527
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant, who was placed in the place of probation for the same crime as the instant case, repeatedly committed each of the instant crimes during a short period of time, and thus, is highly likely to repeat the instant crime; (b) however, in light of the content of each of the instant crimes, the Defendant is deemed to have committed the instant crimes, and the Defendant’s misjudgmentd the Defendant’s mistake by committing each of the instant crimes in prison life for four months; (c) the amount of each victim’s damage is relatively small; and (d) the victims agreed with some victims to agree with each of the instant victims to punish the Defendant; and (e) other sentencing conditions specified in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, are too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Discied Judgment】 The facts constituting an offense and the summary of the evidence recognized by the court are identical to the facts constituting an offense and the summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act; Article 329 of the Criminal Act; Article 347 (1) of the Criminal Act; Articles 342 and 329 of each Criminal Act; Article 331-2 of the Criminal Act; the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Order of community service under Article 62 (1) of the Criminal Act to suspend execution;

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