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(영문) 대구지방법원 2015.04.03 2015노338
특수절도
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for six months.

Defendant

A.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the defendant A: imprisonment with prison labor for six months and the defendant B: imprisonment with prison labor for ten months) is too unreasonable.

2. Determination

A. As to the Defendant A’s assertion, there are favorable circumstances, such as the confession of the instant crime, the fact that Defendant A is against the mistake while making a confession, the victim’s damage and the agreement was reached smoothly. However, Defendant A had the record of criminal punishment (including six times the actual sentence) several times, and Defendant A committed the instant crime during the period of repeated crime after being sentenced to punishment for the crime of forging official documents in 2008, and the punishment for the instant crime is provided for only one to ten years, and the statutory punishment for the instant crime is the lowest sentence of imprisonment with labor for not less than one year, and the sentence of the lower court is provided for only one year, but not more than ten years, the Defendant A’s age, character and behavior, environment, the motive and circumstance leading to the instant crime, its means and consequence, the circumstances after the crime, etc., and thus, it cannot be said that the sentence imposed by the lower court is unreasonable, considering all of the sentencing conditions indicated in the records and arguments of the instant case, and thus, Defendant A’s assertion is without merit.

B. The judgment on Defendant B’s assertion has a record of criminal punishment several times due to the same crime (including five times the actual punishment), and the Defendant B committed the instant crime during the period of repeated crime after having been sentenced to punishment for attempted robbery in 2011 due to the crime committed by attempted robbery. However, Defendant B’s confession of the instant crime; Defendant B reflects the wrong while making a confession; Defendant B reached an agreement on the victim’s compensation and agreement; Defendant A committed the instant crime at the request of the Defendant A; Defendant A committed the instant crime at the same time; equity of punishment; Defendant B’s age, character and conduct; Defendant B’s motive and background leading to the instant crime; the means and consequence; and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the instant crime, are somewhat inappropriate.

3.

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