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(영문) 대구지방법원 2013.05.24 2013노733
특수절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum of one year and two months, for a short of ten months, and for a fine of 300,000) is excessively unreasonable.

2. Ex officio determination of ex officio, the Defendant, as a WW trainee, did not constitute a juvenile under Article 2 of the Juvenile Act, and thus cannot be sentenced to an irregular sentence under Article 60(1) of the Juvenile Act, since the Defendant’s judgment against the Defendant was no longer maintained.

The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act and it is again decided as follows, on April 3, 199.

Criminal facts

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

Application of Statutes

1. Article 331(2) and (1) of the Criminal Act (the point of each special larceny), Articles 342, 331(2) and (1) (the point of each special larceny) of the Criminal Act, Article 330 of the Criminal Act, Articles 342 and 330 of the Criminal Act, Article 342 and Article 330 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 154 and Article 43 of the Road Traffic Act concerning the crime (the point of each special larceny), Article 342, Article 331(2) and (1) (the point of each special larceny), Article 350 (1) of the Criminal Act, Article 350 (1) of the Criminal Act,

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (with regard to imprisonment, considering the fact that the Defendant was not 18 years of age at the time of committing the instant crime and that the Defendant did not have any criminal record other than a protective disposition);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant is still under 19 years of age and is not under a protective disposition.

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