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(영문) 대구지방법원 2015.12.10 2015노3228
특수절도등
Text

The part concerning the first crime among the judgment of the court below and the second judgment shall be reversed respectively.

A fine shall be imposed on the defendant 500.

Reasons

1. The summary of the grounds for appeal (e.g., punishment of KRW 500,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

2. Determination

A. The first instance court rendered an appeal against each of the above judgments after examining the first and second crimes in the judgment of the court below, and the first and second court rendered an ex officio judgment as to the second judgment. The Defendant filed an appeal against each of the above judgments. The first instance court decided to consolidate the above two appeals cases.

Of the judgment of the court of first instance against the defendant, the crimes of the first and the second and the second and the second and the second and the second judgments of the court below are related to concurrent crimes under the former part of Article 37 of the Criminal Act, and must be sentenced to a single sentence within the scope of the term of punishment aggravated pursuant to Article 38(1) of the Criminal Act. In this regard, the first and the second and the second judgment against the defendant cannot be maintained as

C. Of the judgment of the first instance court, the Defendant’s decision on the allegation of unfair sentencing on the part of Articles 2 and 3 of the judgment of the lower court is against the depth by recognizing the error of crime

There is no criminal history exceeding the probation against the defendant, and most victims of the crime were returned to the victims.

Defendant has been growing up in a bad environment, and there are also circumstances where the present health condition is not good.

However, the defendant is not aware of the crime during the period of suspension of execution, and the responsibility for the crime is heavy, and in light of the method and contents of the crime, it is not suitable to commit the crime.

The judgment below

There are no new data or changes in circumstances that can be considered in sentencing thereafter.

In addition, considering the various sentencing conditions shown in the argument of this case, such as the defendant's age, character and conduct, family environment, etc., the sentence imposed by the court below on this part is too unreasonable.

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