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(영문) 대구지방법원 2017.06.16 2017노1409
사기미수등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that this judgment.

Reasons

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is acknowledged that the Defendant repeatedly committed larcenys over several occasions, and attempted to use stolen debit cards, and that the crime is bad in light of the form, method, frequency, etc. of the crime, and that it was not agreed with the victims of the attempted crime.

However, the defendant is making a confession of all the crimes, and there is no history of punishment heavier than a fine, and there is no history of punishment. Among the damaged goods at the investigation stage, the victim AE (No. 1 of the judgment of the court below No. 6 of the court below) of the thief (No. 2 of the judgment of the court below) did not want the punishment of the defendant from this investigation stage, from the fact that the defendant does not want the punishment of the thief from this investigation stage, the thief, X, M, S (No. 1, 2, 3, 4 of the same Table and No. 3 of the judgment of the court below) of the court below, after paying the amount equivalent to the amount of damages to the thief and the thief, the above victims do not want the punishment of the defendant, the victim AD (No. 5 of the same Table) was returned to the victims, and the total amount of damages were found to have occurred due to the actual motive for the crime of this case.

3. As such, the part of the judgment of the court below regarding the defendant's appeal is reversed pursuant to Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is with merit, and it is again decided as follows after pleading.

Criminal facts

Criminal facts recognized by the court as well as the summary of the evidence.

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