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(영문) 대전지방법원 2013.07.25 2013노997
특수절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of two years and six months, and a short term of one year and six months.

Reasons

1. The summary of the grounds for appeal is unfair because of the maximum of three years of imprisonment imposed by the court below and the short of two years of imprisonment are too unlimited.

2. The judgment is based on the following facts: (a) the majority of the victims due to each of the crimes of this case are victims; (b) the amount of damage was not small; (c) the defendant has already received juvenile protective disposition several times due to the same kind of crime; and (d) the defendant committed each of the crimes of this case without being aware of it during the long-term probation period; (b) although it is recognized that the defendant has committed a crime of this case, the defendant is in profoundly against his mistake; (c) there is no record of criminal punishment; and (d) some victims have agreed to the defendant; (d) some of the victims wanting to be placed in the preference against the defendant; (e) the defendant has yet to be aged as a juvenile crime; and (e) other sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime; and (e) the defendant's assertion

3. According to the conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence against the defendant recognized by this court is identical to the corresponding column of the judgment of the court below, except for the change of the second 8 hours of the judgment below to “market price,” and thus, it is also cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331(2) and (1) of the Criminal Act, Article 360(1) of the Criminal Act, Articles 230 and 30 of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, which provides for the choice of punishment for the crime.

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