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(영문) 대구지방법원 2020.06.05 2020노716
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable;

2. The judgment of the accused not only has the criminal records subject to punishment several times for the same crime, but also commits each crime of this case without being aware of the fact that he/she was a repeated crime due to the same crime, lending the means of access is impairing the stability and reliability of electronic financial transactions, which can be used for other crimes, and the means of access is not easy to be used for other crimes, and the actual use of the means of access is disadvantageous to the accused.

However, in full view of the favorable circumstances such as the defendant's consent with the victim F, E, the victim F, and E does not want the defendant's punishment, the defendant's minor intellectual disorder, the process of the defendant's unsound growth and family environment seems to have an impact on this case, and other various circumstances, including the defendant's age, character and behavior, environment, family relationship, motive, means and result of the crime, and the circumstances after the crime, the court below's punishment is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 331(2) and Article 331(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 347-2 of each Criminal Act, and Article 347-2 of the same Act, respectively.

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