(영문) 대전지방법원 2020.11.05 2020노2364 | 리걸엔진

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(영문) 대전지방법원 2020.11.05 2020노2364

특정범죄가중처벌등에관한법률위반(절도)

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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

Summary of Grounds for Appeal

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

2. The judgment of the court below is unreasonable in light of the following circumstances: (a) the Defendant has been punished several times of criminal punishment including imprisonment for the same kind of crime; (b) completed the execution of the final imprisonment with prison labor; (c) repeated crimes such as opening a door of eight automobiles for the victim during the repeated crime period and cutting down or cutting down cash equivalent to 2.130,00 won in total; and (d) repeating the attempted crime; (c) the nature of the crime is very poor; (d) the injury amount is not recovered; (e) the Defendant’s mistake is recognized; (e) the injury amount is against the Defendant; (e) the injury amount is not large; (e) the victim F and I are recovered to four victims; and (e) the victim F and I do not want the Defendant’s punishment; and (e) other favorable circumstances such as the Defendant’s age, health, character and behavior, environment, family relationship, the circumstances and result of the crime after the crime.

3. The appeal by the defendant is with merit, and the judgment of the court below is reversed, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] 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 as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

Article 36 of the Act on the Punishment of Criminal Crimes

Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 35 of the Criminal Act among the concurrent crimes under Article 35 of the Criminal Act, Articles 53 and 55 (1) 3 of the Criminal Act among the concurrent crimes under Article 35 of the Criminal Act

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의4 제5항 제1호

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