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(영문) 전주지방법원 2015.01.23 2014노1343
특수절도등
Text

The judgment below

Part concerning Defendant A and E shall be reversed.

Defendant

A Imprisonment with labor for a maximum of one year and six months, a short of one year;

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the defendant A: 1 year and 6 months of imprisonment; the defendant D: 6 months of imprisonment and 1.5 million won of fine; the defendant E’s imprisonment with prison labor for 6 months) is too unreasonable.

2. Determination

A. Examination of ex officio determination (Defendant A, E), Defendant A, and Defendant A are 18 years of age as of the date of the sentence of this case as of the date of the sentence of this case as Defendant BV, Defendant E constitutes “juvenile” as of the date of the sentence of this case as BW, and Article 60(1) of the Juvenile Act provides that where a juvenile commits a crime punishable by imprisonment for a maximum term of two years or more as of the date of the sentence of this case as of the date of the sentence of this case as BW, the juvenile committed a crime punishable by imprisonment for a limited term of two years or more, the maximum and short term should be determined and sentenced within the scope of the sentence. Thus, in order to sentence Defendant A and E imprisonment, the maximum and short term should be determined

Nevertheless, the lower court erred in sentencing one year and six months of imprisonment with prison labor and six months of imprisonment with prison labor for Defendant A and E, and thus, the part of the lower judgment against Defendant A and E cannot be reversed.

B. The judgment on the grounds of appeal (defendant D) partially recognizes the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime and reflected against the defendant, the fact that the defendant committed the crime of this case even though he was sentenced to a suspended sentence as a result of the same kind of crime, and the defendant committed the crime of this case even during the suspended sentence period. The punishment sentenced by the court below is the lowest sentence after discretionary mitigation, and there is no way to impose any further punishment, and other circumstances that form the conditions for the sentencing specified in this case, including the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, it is not recognized that the court below's punishment is too unreasonable. Thus, the defendant and his defense counsel's allegation of unfair sentencing is without merit.

3. If so, the judgment of the court below against Defendant A and Defendant A.

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