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(영문) 대구지방법원 2013.04.05 2013노176
특수절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The crime of this case in light of the following facts: (a) the Defendant committed a theft of property by intrusion on a commercial building over 18 occasions in a short period; and (b) the criminal act of this case, such as opening the crime prevention room, opening the crime prevention room, destroying the correction device, etc., has interviewed by the applicable law; and (c) the Defendant has not made any effort to recover from damage until now,

However, considering all kinds of sentencing conditions on the argument of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, etc., the defendant's punishment sentenced by the court below is somewhat unreasonable, and thus, the defendant's above assertion is justified, while the prosecutor's above assertion is without merit.

3. 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, and the following decision is rendered after pleading

(However, as long as the appeal by the defendant is reversed on the ground that the judgment of the court below is reasonable, the prosecutor's appeal shall not be dismissed). Criminal facts and summary of evidence acknowledged by the court and summary of evidence are the same as stated in each corresponding column of the judgment of the court below. Thus, it shall be cited as it is in accordance with

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 331(1) of the Criminal Act (the point of special larceny), Article 330 of the Criminal Act (the point of night building theft), and the Criminal Act;

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