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(영문) 대전지방법원 2020.05.14 2020노570
절도등
Text

The judgment of the court below is reversed.

The defendant is entitled to set forth in paragraph (1) of the crime committed in the judgment of the court below in the case of 2019 Highest 2853.

Reasons

1. The gist of the grounds for appeal is that the sentence of the lower court (No. 1 to 146 of the table of crime as indicated in the judgment in the case of 2019Da2853, and the sequence 1 to 73 of the table of crime 2 of the table of crime is too unreasonable as the imprisonment for one year, and for the remaining crimes, six months, evidence 1 to 3 confiscated, 8,845,00 won is too unreasonable.

2. The Defendant, despite being in the period of repeated crime after release in 2018, committed a part of the instant crime, and had the same record as the instant crime.

However, considering all of the sentencing conditions shown in the argument of this case, such as the circumstances leading to the crime of this case, the scale of damage caused by the crime of this case, the fact that some victims stated to the effect that they do not want to punish the defendant, the fact that the defendant does not want to repeat the crime, and the crime of violation of the Act on the Control of Narcotics, etc. (competence) No. 1 through No. 73 among the crime of this case in the crime of this case No. 2 of the crime of this case No. 1 of the crime list No. 2 of the crime of this case No. 2 of the crime of this case No. 1 of the crime list No. 201953 of the crime of this case as stated in the crime of this case, etc. of this case

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts acknowledged by this court are identical to the corresponding column of the judgment below except for the following facts charged by this court: therefore, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act

The first head of the criminal records of a crime shall add the following criminal records to the criminal records, and the defendant deleted the criminal records of 2019 order 2361, "the defendant shall be punished by imprisonment with prison labor for larceny at the Daejeon District Court on June 29, 2017, and on November 6, 2017, which became final and conclusive on September 28, 2018 and paroled on November 2018 during the execution of the sentence in the official prison:

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