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(영문) 대구지방법원 2013.07.18 2013노1349
절도미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Daegu District Prosecutors' Office No. 178, 2013.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The judgment of the Defendant committed each of the instant crimes because the Defendant had been sentenced to a suspended sentence of two years on December 2, 2010 due to the larceny of the same method as the instant crime, despite the fact that he/she had been sentenced to a suspended sentence of two years on December 2, 2010, and that he/she committed the instant crimes, and repeated the crimes of the same and the same method

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized, the degree of damage is not serious, and the victim of the case appears to have agreed with all, and other circumstances shown in the records and arguments, such as the defendant's age, character and conduct, environment, the circumstances of each of the crimes of this case, and circumstances after the crime, etc., it is determined that the punishment imposed by the court below is somewhat unreasonable.

Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered again.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 342, 329, and 360 (1) of the Criminal Act concerning the choice of criminal facts;

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

1. Article 333(1) of the Criminal Procedure Act for the Return of Victims;

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