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(영문) 춘천지방법원 2014.01.29 2013노752
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

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

2. Considering the fact that the Defendant could have been punished for the same kind of crime, including a prison sentence and a suspended sentence, and that the Defendant committed each of the crimes of this case during the period of repeated crime due to the same crime, it is inevitable to strictly punish the Defendant.

However, in light of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as well as the fact that it is difficult to see that the damage caused by the theft of this case is relatively serious, the Defendant’s mistake is divided in depth, and that the Defendant reached an agreement with the victim in the trial, etc., and other various conditions of sentencing indicated in the pleading such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentence of the lower court is too

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (1) of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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