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(영문) 의정부지방법원 2014.08.21 2014노1242
특수절도등
Text

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.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment with prison labor, one year of short term, eight months) is too unreasonable.

2. In light of the fact that the defendant was subject to juvenile protection disposition due to the same crime, and that the defendant committed the crime of this case in the same kind while being sentenced to imprisonment with prison labor for a year and six months on January 23, 2014 with prison labor for special larceny on January 23, 2014 without being aware of it during the suspension period, a sentence of punishment on 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. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331(2) and (1) of the Criminal Act, Article 329 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 43 of the same Act, applicable to criminal facts;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

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

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