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(영문) 대구지방법원 2017.11.03 2017노3782
특수절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The instant case is an unfavorable circumstance that the Defendant destroyed the crime prevention window of the comprehensive vehicle maintenance office that he/she had worked at night and stolen a vehicle diagnosis machine with a cash of KRW 300,000 and a market price of KRW 3.8 million, and that the crime is not good.

However, it is advantageous to the fact that the defendant led to the confession of the crime of this case when he was in the first instance, and that the defendant violated his wrongness, and that the victim did not want the punishment of the defendant by agreement with the victim when he was in the first instance, that the defendant did not have any record of the same crime, that there was no previous conviction exceeding the fine, that the defendant did not have good health status due to cerebral lele, etc. in the left-hand brain lele, and that the defendant must look about the defendant's health condition, that the defendant must care with the old, and that the defendant's wife appeals against the defendant's wife.

In addition to the above circumstances, considering the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, circumstances after the crime, crime records, and all the sentencing conditions in the previous theory, the punishment sentenced by the court below is unreasonable.

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

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

Application of Statutes

1. Articles 331 (1) and 330 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so ordered in light of the sentencing conditions examined prior to the reasons for sentencing under Article 62(1) of the Criminal Act.

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