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(영문) 대구지방법원 2014.09.04 2014노2036
절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two months.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. According to the records, the Defendant, at the Daegu District Court on March 28, 2014, may be found to have been sentenced to imprisonment with prison labor for two months for the crime of obstruction of the performance of official duties by deceptive means at least 11 times from June 10, 2013 to August 2, 2013, and the said judgment became final and conclusive on June 21, 2014.

Since each of the crimes of this case is related to the crime subject to the above final judgment (each crime subject to obstruction of performance of official duties by deceptive means in the list of crimes against which two months have been sentenced), the punishment shall be determined after examining whether to reduce or exempt punishment by taking account of equity and equity in cases where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Since the application of the statutes of the lower judgment is omitted, there are reasons for ex officio reversal.

Pursuant to Article 364(2) of the Criminal Procedure Act, the judgment of the court below shall be reversed, and the following judgment shall be rendered again after pleading

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by this court is as stated in the first head of the facts constituting a crime as indicated in the judgment of the court below, except for the addition of "the defendant's trial statement at the court below" to "the defendant was sentenced to two months of imprisonment with prison labor for the crime of obstruction of the performance of fraudulent means committed at least 11 times in total from June 10, 2013 to August 2, 2013 at the Daegu District Court on March 28, 2014, and the judgment became final and conclusive June 21, 2014," and the summary of the evidence to "the defendant's trial statement at the court below" as stated in each corresponding column of the judgment of the court below

Application of Statutes

1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Among concurrent offenders, the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act has been record of having been punished several times by fines for the same kind of crime, and the crime of this case has been committed again during the suspended execution period due to other crimes.

The crime of this case is committed.

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