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(영문) 수원지방법원 2014.08.21 2014노3209
특수절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The gist of the reasons for appeal is that the original court’s punishment (one hundred months of imprisonment with prison labor, a short-term of six months) is too unreasonable.

2. The defendant, who was born on June 20, 1995 and was sentenced to an irregular term of punishment pursuant to Article 60(1) of the Juvenile Act at the time of the pronouncement of the judgment below, because it is apparent that he was the adult of 19 years of age only when he was sentenced to the judgment of the court below. Thus, the judgment of the court below that sentenced the defendant to an irregular term of punishment was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 31(2) and (1) of the Criminal Act (the point of special larceny), Articles 238(1) and 30 of the Criminal Act, Article 238(2) and (1) of the Criminal Act (the point of exercising unlawful air defense), Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is against the defendant's wrong recognition and reflects the defendant's wrong recognition, the defendant's each crime of this case is not serious damage due to the defendant's larceny, and each of the crimes of this case is attached to the vehicle purchased on the Internet by thefting the car number plate, operating the above vehicle without the driver's license, the nature of the crime is not good, and the defendant's investigation is conducted by the investigative agency.

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