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(영문) 대구지방법원 2013.03.28 2012노3988
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the prosecutor examined the facts charged in this case ex officio prior to the judgment on the grounds for appeal by the defendant, and applied for changes in the indictment by changing the applicable provisions to "Habitual thief" and "Articles 332 and 329 of the Criminal Act". Since this court permitted this, the judgment of the court below cannot be maintained any longer.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. The grounds for sentencing under Article 332 and Article 329 of the Criminal Code for the pertinent criminal facts and Articles 332 and 329 of the Criminal Code for the choice of punishment are against the defendant, recognizing all the crimes of this case. The goods seized among the damaged goods have been temporarily returned to the victims, and all the goods seized have been provisionally returned to the victims and agreed with the victims D and L are favorable to the defendant.

However, the Defendant committed repeatedly 27 months over about 10 months, and committed the instant crime, such as the fact that the market price of the stolen goods reaches 29 million won in total, other than the seized goods, and the fact that the goods other than the seized goods have already been already disposed of, and the Defendant again committed the instant crime despite the previous conviction.

Other punishment as ordered shall be determined in consideration of various sentencing conditions shown in the records, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and result of the crime, and circumstances after the crime.

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