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(영문) 대구지방법원 2015.07.09 2015노1862
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. After theft of a victim’s wall, the Defendant: (a) committed a theft of the victim’s wall; (b) forged and exercised the document in the victim’s name using his/her driver’s license; and (c) inflicted additional damage upon the victim to obtain pecuniary advantage equivalent to the cost of using mobile phones from the victim; and (d) the Defendant has been punished four times (two times in real penalty and twice in suspension of the execution of imprisonment) by the same criminal act similar

On the other hand, the defendant recognized each of the crimes of this case and against the mistake, and the defendant committed the theft and fraud in the trial, and the fact that the victim does not want the punishment of the defendant is favorable to the defendant.

In addition, the age, character and conduct, the environment, the circumstances and results of each of the crimes in this case, etc., all of the sentencing conditions in this case and the result of the application of sentencing guidelines by the Supreme Court sentencing committee.

1. Standards for types of punishment and of punishment;

(a) Punishment of fraud [Determination of Punishment] The types 1 (less than KRW 100 million): The mitigation element of fraud (where punishment is not imposed or considerable partial damage has been recovered, the aggravated element: In a case where the method of punishment is extremely poor or a case where a crime was committed by deceiving the court in a trial procedure, thereby deceiving the court to commit a crime; the basic area of fraud [Limits of recommending punishment]: Imprisonment with prison labor for a period of six months from June to June;

(b) Class II (General thief) (Special thief) mitigated elements for larceny in general property: Imprisonment with prison labor for not more than four months nor more than ten months;

2. In full view of the handling of multiple crimes [basic crimes] / [processing of fraud] / Imprisonment with prison labor from June to November (11/2 of the maximum sentence scope of basic crimes), etc., it is recognized that the sentence imposed by the court below is somewhat unreasonable, and thus, the above argument by the defendant is reasonable.

3. Conclusion.

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