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(영문) 대전지방법원 2014.10.02 2014노2023
절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

Summary of Grounds for Appeal

The sentence of the court below (two months of imprisonment) is too unreasonable.

The court below's sentence of the prosecutor (e.g., e., e., e., e.g.

Judgment

The crime of this case is a situation unfavorable to the defendant, such as: (a) a soup set of a soup set set of the defendant worked as an employee to cut KRW 18,97,000 in cash, and the nature of the crime is not good; and (b) the fact that the defendant did not agree with the victim, etc. is considered to be disadvantageous to the defendant.

However, there are extenuating circumstances, such as the fact that the Defendant led to the instant crime and reflects his mistake in depth, that the lower court deposited KRW 7 million in order to recover from damage, that the Defendant deposited KRW 12 million in the trial, that appears to have committed the instant crime in order to raise living expenses necessary to maintain the livelihood of his family, that the Defendant is an initial offender with no criminal records, that is, having no criminal records, and that the current health status is not good.

In this context, the scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Commission is from 4 to 10 months, and the sentence of the court below is deemed to be unfair in light of all the following factors: (a) the thief group, the thief group, the 2th category of larceny (general larceny), the special salvists (living-type), the decision of the recommended sentence area, the scope of the recommended sentence (in April to October), the suspended sentence: (b) the suspended sentence; and (c) the Defendant’s age, character and behavior, the environment, the circumstances of the instant crime, and the conditions before and after the instant crime.

Defendant

The prosecutor's assertion of unfair sentencing is without merit.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

Article 369 of the Criminal Procedure Act.

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