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(영문) 대구지방법원 2014.12.05 2014노3560
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and nine months.

Seized evidence 2 through 4 shall be confiscated.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years of imprisonment, confiscation, and return to the victim) is too unreasonable.

2. The judgment of the defendant committed the larceny of this case by intrusioning upon the office, etc. for a period exceeding nine months, and theft of deposit passbooks, etc., the damage amount caused by each of the crimes of this case reaches about 31 million won, the victim did not reach agreement with the victim up to the trial, and the defendant has been punished twice for the same crime. However, there are unfavorable circumstances such as the defendant confessions and reflects each of the crimes of this case. However, the defendant has no record of criminal punishment exceeding the suspended execution, the defendant is faced with economic difficulties, the defendant is faced with economic difficulties, and the health of his parents is aggravated, and the defendant's health is aggravated, and the scope of the recommended sentence of the Supreme Court sentencing guidelines for each of the crimes of this case [basic crime: theft of habitual and repeated crimes, falling under the basic area, concurrent crimes: general fraud type 10 million won (aggravating the same area), the punishment of the defendant's imprisonment with prison labor for a certain period of two years or more, the defendant's motive and reason for the crime of this case, etc.]

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as that of the judgment below, and thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

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