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(영문) 대구고등법원 2014.12.17 2014노216
특수절도등
Text

The judgment of the court below is reversed.

Defendant is punished by imprisonment with prison labor for the first, second, and third crimes as stated in the judgment of the court below, for a short term of three years and six months.

Reasons

1. The summary of the grounds for appeal (along-term three years of imprisonment with prison labor for a maximum of 4 years, 50,000 won, and 4 years of imprisonment with prison labor for a short term of 4 years, 50,000 won, and 1 year and 6 months of short-term of 2 years of imprisonment with prison labor for a crime of 1, 2, and 3 crimes in the original judgment)

2. Determination:

A. As to the assertion of unfair sentencing on the crimes of Articles 1, 2, and 3 of the decision of the court below, the Defendant committed this part of the crime by force against the victim who is a juvenile under the age of 14 by sexual intercourse, destroyed a parked vehicle by drinking it, and escaped without any necessary measures by immediately stopping and destroying the vehicle's door, while driving the vehicle on a license without permission, and failing to take necessary measures. The nature of the crime and the criminal intent are not good, and in particular, the victim of sexual intercourse is deemed to have suffered a considerable mental shock and pain, but not yet agreed with the victim.

On the other hand, prior to the crime of this part, the defendant has no record of punishment in addition to juvenile protective disposition, or sexual assault of the same kind, the age of the defendant is still old, the defendant was treated due to shock disorder, etc., the defendant confessions all of the crimes in this part, and reflects the mistake. This part of the crime is in the concurrent relation between robbery and bodily injury which became final and conclusive on September 24, 2013 and the latter part of Article 37 of the Criminal Act, and it is necessary to consider equity with the case where the judgment is rendered at the same time. In full view of all other circumstances, taking into account the defendant's age, character and behavior, intelligence and home environment, motive and circumstance of the crime of this case, means and consequence, and circumstances after the crime, etc., it is deemed that the sentence imposed by the court below on the defendant for the crime of this part is inappropriate.

Therefore, this part of the defendant's assertion of unreasonable sentencing is justified.

B. Prior to the judgment of the court below on the Defendant’s allegation of unfair sentencing regarding the fourth crime as stated in the judgment below.

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