(영문) 대구지방법원 2016.05.19 2016노913 | 리걸엔진

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.05.19 2016노913

절도등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable as the court below sentenced the defendant to the punishment (one year and four months of imprisonment).

2. The fact that the amount of damage caused by each of the instant crimes by the Defendant is a substantial amount, and the recovery of damage caused by each of the instant crimes has not been completed, etc. is disadvantageous to the Defendant.

On the other hand, the defendant has no specific criminal record except for a fine sentenced once, and the defendant acknowledges all of the crimes of this case and reflects his mistake, and the representative director F of the victim company submitted a written application stating the purport that he wants to take the defendant's preference against the defendant since he was in the first instance, etc. are favorable to the defendant.

Considering the above circumstances and the result of the application of the sentencing guidelines by the Sentencing Commission, the crime No. 1 is considered (the determination of type): No. 2 (the person subject to special sentencing) (the scope of recommending punishment) (the person subject to special sentencing) of the thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th)

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and the part of the judgment below against the defendant under Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence presented by this court is the same as the corresponding column of the judgment below.

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