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(영문) 대전지방법원 2013.06.20 2013노706
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is unfair because the punishment of imprisonment with prison labor for a maximum of one year and six months, and that of a short of one year is too unreasonable.

2. The judgment was examined, and the defendant received juvenile protective disposition several times as the same criminal records, and the defendant again committed the crime of this case during the long-term probation period due to the same kind of crime, but is recognized as having committed the crime of this case in economic difficulties due to the death of his father or mother's recidivism, etc., which resulted in the crime of this case in the situation where the defendant committed the crime of this case in depth and again, the defendant committed the crime of this case. The defendant agreed with the victim F, the degree of damage caused by the crime of this case is not much serious, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, the sentence imposed by the court below against the defendant is too unreasonable. Thus, the above argument of the defendant is justified.

3. According to the conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again after pleading.

Criminal facts

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

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (2) and (1), Articles 342 and 329 of the Criminal Act, the choice of imprisonment for a limited term concerning the crime;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act (see, e.g., Supreme Court Decision);

1. Probation under Article 62-2 of the Criminal Act;

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