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(영문) 대구지방법원 2015.11.13 2015노3672
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

1. The sentence of 10 months sentenced by the court below on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is too unreasonable in light of the following facts: the defendant recognized the facts charged in this case; the defendant has no record of punishment exceeding the fine for the last 30 years; the defendant has a prison life for the period exceeding 4 months; the extent of damage in this case is not significant; the remaining victims except the victim H do not want the punishment of the defendant (the victim's damage amount is only 2,00 won) and other sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, etc., are considered as being too unreasonable. Thus, the defendant's assertion is justified.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Articles 322 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and choice of imprisonment with prison labor, respectively, for the crime;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

3. Article 62 (1) of the Criminal Act;

4. Article 62-2 (1) of the Criminal Act on Probation;

5. Article 48 (1) of the Criminal Act to confiscate;

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