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(영문) 대전고등법원 (청주) 2019.01.24 2018노166
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of three years and a fine of three hundred thousand won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and fines of 300,000 won) imposed by the lower court is too unreasonable.

2. Although the Defendant had had had been punished several times due to the criminal facts committed by a farmer who habitually stolen agricultural products, etc. from his/her farm by driving a stolen vers without a license even in the past, the Defendant committed the instant crime of the same kind after having been discharged from prison, and again committed the instant crime of the same kind for three days only after having been discharged from prison.

Furthermore, even if the number of theft crimes of this case has reached 15 times and has not been recovered from damage other than those provisionally returned, the crime of this case is not suitable and has a high possibility of criticism.

However, there are circumstances that can be partially favorable or considered to the defendant, such as the fact that the defendant is both aware of his mistake, and that the elderly defendant who has no family entitled to help seems to have committed the crime of this case in order to maintain his livelihood after release.

In full view of the above circumstances, including the character, conduct, family relationship, environment, criminal record, etc. of the defendant, the sentence of the court below that sentenced the defendant four years of imprisonment is somewhat unreasonable.

The defendant's assertion of unfair sentencing is accepted.

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 decision is rendered through pleading.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime and summary of evidence, and thus, the gist of evidence is identical to the facts in each corresponding column of the judgment of the court below.

1. Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 342 of the Criminal Act concerning criminal facts, and Articles 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the choice of

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